H1 Denial notice sent- what are the options available?

[kumaravela]

Hi,

I have applied for transfer of H1 VISA from employer A to B on october 10,2007 in premium processing. got receipt notice on October 15th .. Since we applied in premium processing, the attorney enquired about the delay in January,2008 and he got the response as my case is under security clearance . Finally got RFE on June 15,2008 asking for 2006,2007 tax returns and the client letter. We have sent all the information on June 23.

Today i checked USCIS website and it says "DENIAL NOTICE SENT". what is the next procedure...? the company is yet to get the reason for the denial.

Did anyone faced this kind of situation? what are the options available?


Thanks,
Kumar

[txh1b]

Did you have bench period without pay in any of those two years on H1b?

[kumaravela]

Yes . i do have for 3 months in the last 2 years.

[txh1b]

If the W2 amount was substantially low than the LCA filed by your employer, USCIS can deduce that you were out of status. May be that is the cause.

[kumaravela]

i have got salary more than what is specied in the LCA for the two years. i dont know whether any mistake in the document sent. we are waiting for denial document. how long can a person stay after H1 denial? how much is the possibility there to appeal the case if denied?

Thanks,
Kumar