H!B approved but Extension denied Belle or Joe Seniors need your help please

[npavan]

posted August 24, 2009 11:55 AM
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I applied for my H1B transfer on Jan 30th in VSC, which was then routed to CSC on Mar 4th 2009. I was requested to provide evidence in the form of client letter and pay stubs from the current employer and my ex-employer on April 7th, 2009. I sent the evidence on May 1, 2009. However, there was no update until the July 25, 2009. My Employer contacted USCIS on the July 27, 2009, who had opened a service request with regards to the case mentioned above. The status of the request was updated on July 29, 2009.

On August 11, 2009, the above mentioned case was approved. However, the H1B extension was not approved, and I was asked to go to India in order to get the visa stamped. I moved to a new employer on January 1, 2009, and my H1B transfer was filed on the January 30, 2009. I was on the payroll of my new employer from February 1, 2009. I was requested to provide the last two paystubs from my ex-employer, client letter from the new employer, and the latest paystubs from the current employer. As I moved to the new company, my payroll was not executed for a month (January 2009). However, I received a letter from the immigration officer from USCIS stating that I did not provide my paystub for the month of January 2009. I was informed by my attorney that I can apply for an amendment with USCIS (My employer is providing the paystub for the month of January 2009). Please let me know, what are the chances that I will get an extension on my H1B status, after applying for the amendment.

seniors, please help me with this regard. Appreciate your time and patience in advance

[txh1b]

posted August 24, 2009 11:55 AM
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H!B approved but Extension denied Belle or Joe Seniors need your help please

What is the point in cutting and pasting the question without even changing the title of the post?

Joe and Belle are members of the *** forum and you are on immihelp!!!!

[npavan]

I need a Help

I posted in **** ** but there is no reply thats what i posted here and i really need help. Please some one respond the querry

[txh1b]

First of all, you cannot continue working for the employer as your EOS was not approved. That itself is a big deal as you would be engaging in illegal work unless USCIS accepts and approved your amendment which could take several months.

If it does not, you would be in a worse situation as the entire stay is illegal along with unauthorized work. 6 months or more of this would earn you a 3 year ban and a 10 year ban if it exceeds 365 days.

You should go out, get a visa stamp and enter. You can do the explaining to the VO if asked.

[npavan]

thanks

My attorney suggest me that he is going to file ammendent by premium process but he is saying he wants to use new LCA for that (but i donr know which one he is going to do) and we also filing MTR next week but this was the mistake by my attorney. I was on personal leave on last January because of my wife was suffering with Heart and Kidney problem and she needs conplete bed rest that time so i took a leave for one month (that is the reason we were not run the pay stub) But my old employer told me he cannot run the pay stub so we are submitting the my wife medical reports leave letter from my old empoyer.

Thanks for your responce and how the chances of MTR and ammendment.

[txh1b]

I am starting to believe your attorney has no clue what he is doing or suggesting. New LCA for an amendment???? Ask him to cut the crap. What will you do if the amendment is denied? What will you do while the case is pending? I don't think MTR applies to your case.

[npavan]

Please suggest what is the option to do i dont want to go to india and other attorney suggest me that she can apply MTR or i have to switch back to old employer and run the 2 pay stubs and apply for new H1b. I dont know how this will work and i am in confusion. My wife and daughter left the country on April 2009. I did not apply extension for them.

[txh1b]

You need not apply for extension for people that are not in the US. You said you already have an approval notice. I have already told you to get a visa and return back to your job. It is simple. You are the one that is complicating things unnecessarily.

[npavan]

I am in USA right know and i dont want to leave the country and please suggest me how the chances if i apply for ammendment or MTR. I dont want leave the country. Please suggest me if you know any attorney. only the chances is Ammendment or MTR and is it possible if i am working on H1b Since nearly 3 yeras i can take a leave for one month to spend time in USA is it possible and also my wife health was not good at that time. This is mistake by my company attorney why should i take a pain and now i want correct it beacuse the information was not send it and now we are going to send the informATION. aNY WAY PLEASE LET ME WHAT TO DO I DONT WANT GO TO INDIA BECAUSE OF I NEED MONEY MY WIFE NEED KIDNEY REPLACEMENT NEXT 2 OR 3 YRS I WANT TO MAKE MONEY PLS HELP ME REGARDING THIS. MY WIFE AND DAUGHTER LEFT USA ON aPRIL 2009 I HAVE NOT APPLIED THERE EXTENSION. THEY HAVE VALID i-94 UNTIL SEP 30 2009.

[txh1b]

I'm sorry to hear about your situation. If you have a valid US visa till Sep 30, 2009, you just have to travel and return back on the same visa.

I am not sure what else can I add as I have already told you what needs to be done. No one is asking you to leave US. You can get a visa stamp in Canada and return to work. Most of the VOs understand situations. But if your stay exceeds 180 days, the VOs hands are tied by the law.Don't let that happen.


Take the medical certificates you have, the leave letter paystubs etc and attend the visa. You will get the visa if you can explain to the VOs. This is needed if you don't have a valid visa. When does your visa expire?

[npavan]

Hello Tx H!B

I filed My H1B to Company B on 30th Jan 2009.
Worked until July 25th.
Sent Rfe on May 1st 2009 and there is no responce until august 11th than i got doubt on July 25 i switch back Company A (H1b expires sep 30 2009). from Jan 30th to July 25th i worked for company B.

ON august 11th I got approval comp B and told me to go back india for H1B stamping. But the reason i was on medical leave for Jan and Com B attorney did not mentioned it that is the reason they told me to go india for stamping. But i Dont have H1b staped in my passsport i change the status from B1 to H1B.

I talk to My COM A attoreny about this she told me that if i am working Company A From 25th July I dont need to go india i will continue to work for Company A and She suggest me to file new H1B Extension from Company A.

Please let me know i can do this.

[txh1b]

Follow the opinion of company A's attorney.

[npavan]

what is DHS tenative nonconformation

what is everify i woeked company a until 31 ja 2009 and joined company B on feb 1st but my H1b got problem with company B than i switch back to company A and they working for that comnay from July 25th. I filled I-9 form and they have tried for Everify and told me that they didnot find it and gave me DHS tenative nonconformation. They said i have to call DHS regarding that Can some one told me what is DHS tenative nonconformation.