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H1B Petition Denied - Appeal or MTR

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  • H1B Petition Denied - Appeal or MTR

    Hi My wife is in India and she has never entered USA. My employer filled for her H1B and got RFE and supplied necessary evidences but petition got denied eventually as stated by staus online .

    I don't know what was written in RFE or which documents her employer sent in reply or what is written in the Denial notice as point of time.

    So what should i do now? (she was selected in lotery had EAC but denied)


    1) Should her employer re-apply in next year or do appeal?

    2) H1B re-application in 2008 would make her subject to cap or not?

    3) What should i do either do MTR or do Appeal? give me pros and cons?

    4) Could her employer re-apply in April 2008 and get her approval and let her work from Oct. 2008 successfully even if she has appealed the denial and hasn't got any desicion before April 2008 or Oct 2008 on the same

    5) Could the employer re-petition for H1B in 2008 even if the same employer has appealed the denial for her which hasn't been resolved at the time of doing petition or at the time of getting approval. If yes than would it affect the adjudication of her H1B case for Oct. 2008

    6) If she enters USA on H4 after her employer appeals the H1B denial and gets H1B approved being in USA for Oct 2008, than could she apply for COS from H4 to H1 or not? How positive you are about getting COS approved in this situation.

    I will update the post with reason of denial and available options as well as reason of getting RFE and document sent against that RFE as i get them.
    Last edited by tech; 07-03-2008, 05:54 AM.

  • #2
    1. Appeal would not help. Must be employer project details that resulted in denial. Without knowing what the RFE was for, it is hard to say.
    2. Cap subject. You mean 2009 for 2010 fiscal year right?
    3. None
    4. Depends on RFE.
    5. 2008 season is over. No.
    6. Yes.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      H1B Petition Denied - Appeal or MTR (Ammended)

      Sorry i wrote year 2008 instead of 2009 so here are my question 5 & 6 again, so please read them again and give me answers

      4) Could her employer re-apply in April 2009 and get her approval and let her work from Oct. 2009 successfully even if her employer has appealed the denial and hasn't got any desicion before April 2009 or Oct 2009 on the same.

      5) Could the employer re-petition for H1B in 2009 even if the same employer has appealed the denial for her which hasn't been resolved at the time of doing petition or at the time of getting approval. If yes than would it affect the adjudication of her H1B case for Oct. 2008

      Comment


      • #4
        H1 Transfer denied after RFE. Can I apply thru other employer?

        Hi,

        I applied for H1 transfer in Jan 09. My employer got RFE for special skill, end client contract, contract between employee and employer, employer quarterly review etc. My employer send these all document, he says so. But got H1 denial.
        I am working at client side in US and have valid client contract for 6 months till Dec'09. I don't know why did they deny? I just got to know about the status on USCIS website. Employer has not received yet the hard copy of notice.

        1. Will appealing denial help me?
        2. What is the possibility to get approval from same employer?
        3. If I can apply through different employer how can I do that? I have only one pay stub.
        4. Will there be any problem if applied through different employer?

        Please advise me. Help me.

        Thanks in advance.
        Last edited by rahul_hg; 05-30-2009, 12:23 AM. Reason: spelling mistake

        Comment


        • #5
          Originally posted by rahul_hg View Post
          Hi,

          I applied for H1 transfer in Jan 09. My employer got RFE for special skill, end client contract, contract between employee and employer, employer quarterly review etc. My employer send these all document, he says so. But got H1 denial.
          I am working at client side in US and have valid client contract for 6 months till Dec'09. I don't know why did they deny? I just got to know about the status on line. Employer has not received yet the hard copy of notice.

          1. Will appealing denial help me?
          2. What is the possibility to get approval from same employer?
          3. If I can apply through different employer how can I do that? I have only one pay stub.
          4. Will there be any problem if applied through different employer?

          Please advise me. Help me.

          Thanks in advance.
          Hi

          I am in similar situation, do you have any update on your case ? what did you do ? Did you file MTR or change employer

          Comment


          • #6
            Originally posted by tech View Post
            Hi My wife is in India and she has never entered USA. My employer filled for her H1B and got RFE and supplied necessary evidences but petition got denied eventually as stated by staus online .

            I don't know what was written in RFE or which documents her employer sent in reply or what is written in the Denial notice as point of time.

            So what should i do now? (she was selected in lotery had EAC but denied)


            1) Should her employer re-apply in next year or do appeal?

            2) H1B re-application in 2008 would make her subject to cap or not?

            3) What should i do either do MTR or do Appeal? give me pros and cons?

            4) Could her employer re-apply in April 2008 and get her approval and let her work from Oct. 2008 successfully even if she has appealed the denial and hasn't got any desicion before April 2008 or Oct 2008 on the same

            5) Could the employer re-petition for H1B in 2008 even if the same employer has appealed the denial for her which hasn't been resolved at the time of doing petition or at the time of getting approval. If yes than would it affect the adjudication of her H1B case for Oct. 2008

            6) If she enters USA on H4 after her employer appeals the H1B denial and gets H1B approved being in USA for Oct 2008, than could she apply for COS from H4 to H1 or not? How positive you are about getting COS approved in this situation.

            I will update the post with reason of denial and available options as well as reason of getting RFE and document sent against that RFE as i get them.


            tech, was MTR/Appeal done on the denial?

            Comment

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