H1B Extension Denial to H4

[pedbob]

Hello gurus,

My H1B expires on 31st Jan 2010. My employer (a consulting company) had filed H1B extension on 22nd Jan 2010 and now awaiting USCIS decision. Now with the new memo released by USCIS, I am vulnerable to Denial as i work at a third party client site. My wife works on H1B as well and she has her H1B extension approved from Dec 2009 to Nov 2012 and she also works at a third party client site. Now my questions are:

1) if my H1B gets denied in March 2010, Am I eligible to apply for Change of Status from H1 to H4 after it gets denied without leaving USA? I have my I-94 expires with H1 on 31st Jan 2010.

2) How long can i stay after it gets denied? Does USCIS give atleast a week for me to leave USA?

3) if i go to my home country for H4 visa stamping, would Consular officer question me about my wife's employer and work details to check to see if she works at a 3rd party client site? what are the chances of getting H4 denied in my case?

4) if i get my H4 Visa stamping done by luck and travel on H4 visa, would CBP officer at POE question me about my wife's employer and work details to check to see if she works at a 3rd party client site? what are the chances of getting I-94 denied in my case?

Please help me answer the questions.

Thanks in advance,
Bobby.

[shervin143]

Answers below.

Hello gurus,

My H1B expires on 31st Jan 2010. My employer (a consulting company) had filed H1B extension on 22nd Jan 2010 and now awaiting USCIS decision. Now with the new memo released by USCIS, I am vulnerable to Denial as i work at a third party client site. My wife works on H1B as well and she has her H1B extension approved from Dec 2009 to Nov 2012 and she also works at a third party client site. Now my questions are:

1) if my H1B gets denied in March 2010, Am I eligible to apply for Change of Status from H1 to H4 after it gets denied without leaving USA? I have my I-94 expires with H1 on 31st Jan 2010.
>>> COS is not possible since you would be illegal by that time (If your H1B gets rejected, any time spent after the I-94 expiry will be considered as illegal stay. That is why you should apply for extension atleast 3 months in advance).


2) How long can i stay after it gets denied? Does USCIS give atleast a week for me to leave USA?
>>> 0 days if you don't want to accumulate more illegal stay.

3) if i go to my home country for H4 visa stamping, would Consular officer question me about my wife's employer and work details to check to see if she works at a 3rd party client site? what are the chances of getting H4 denied in my case?
>>> Should not be a problem for H4. As long as H1B status is maintained by your wife and you have maintained your status while on U.S, you should be good. No one knows much about this new memo. We need to wait and watch.


4) if i get my H4 Visa stamping done by luck and travel on H4 visa, would CBP officer at POE question me about my wife's employer and work details to check to see if she works at a 3rd party client site? what are the chances of getting I-94 denied in my case?
>>> Same as ans. 3

Please help me answer the questions.

Thanks in advance,
Bobby.

[kabkaba]

Hello gurus,

My H1B expires on 31st Jan 2010. My employer (a consulting company) had filed H1B extension on 22nd Jan 2010 and now awaiting USCIS decision. Now with the new memo released by USCIS, I am vulnerable to Denial as i work at a third party client site. My wife works on H1B as well and she has her H1B extension approved from Dec 2009 to Nov 2012 and she also works at a third party client site. Now my questions are:

1) if my H1B gets denied in March 2010, Am I eligible to apply for Change of Status from H1 to H4 after it gets denied without leaving USA? I have my I-94 expires with H1 on 31st Jan 2010.
No, you have to leave.
2) How long can i stay after it gets denied? Does USCIS give atleast a week for me to leave USA?
They give you 30 days before starting deportation procedure. But, stay beyond I-94 is still considered illegal.
3) if i go to my home country for H4 visa stamping, would Consular officer question me about my wife's employer and work details to check to see if she works at a 3rd party client site? what are the chances of getting H4 denied in my case?
They may
4) if i get my H4 Visa stamping done by luck and travel on H4 visa, would CBP officer at POE question me about my wife's employer and work details to check to see if she works at a 3rd party client site? what are the chances of getting I-94 denied in my case?
They may question, but not as likely as the principal applicant.
Please help me answer the questions.

Thanks in advance,
Bobby.

Answers above.

[hrc020710]

H1B extension denied after RFE

I am in similar position. I applied for 3 yr H1B extension. My old H1B and I94 with same employer expired Oct 20 2009.

My extension got denied on Feb 2010 inspite of providing all documents because one doc was missing that I could not produce contract between End client and primary vendor.Primary vendor are not ready to give this document.

I got RFE to produce contract between End client and primary vendor and I have produce agreemnt, SOW my employer-second vendor. I have sent pay stubs, end client letter, timesheets , end client badge, emails etc.I ahve been working for end client since 3 years.

Hierarchy is like this- End client-Primary vendor-Second vendor-My employer.

Now I want to know can I work for end client or should I stop working.How long can I stay in US? My employer is planning to reapply for new H1B. So if it gets approved should I go to Mexico or Canada to get new I94 and then start working.

What USCIS folks are trying to prove? They are intentionally declining H1Bs. We pay social,medicare,federal,state tax, obey law.Why do they need this doc from us.They can directly approach end client and ask them .

Please post reply

[Godee]

I'm also in the same boat.

The mid-vendor and clients are not ready to provide 'signed & valid contract' because of their company policies. RFE states that if the proof for contract between end client & vendor is not satisfied, then there is a risk of denial.

We have got all other contracts & SOW except this end-client & mid-vendor contract. I'm also providing my badge, dirrectory entry on intranet site at client location, emails showing work allocated to me by my manager and also emails from me to other client employees, timesheets at client and also at mid-vendor. Also we are attaching the letter from mid-vendore stating that USCIS should contact them for contract since they can't provide.

We are going to respond to RFE within 2-3 days. I'm worried about the result.

1. Can anyone please respond about my chances to getting the case approved.

2. How long can I stay in US if the extension is denied ?

3. Can I go on F1 Visa ? My wife who is on H4 is planning to study, if she goes on F1, how soon she need to convert it to F1 ??

Please respond. I'm really tensed and worried.

I am in similar position. I applied for 3 yr H1B extension. My old H1B and I94 with same employer expired Oct 20 2009.

My extension got denied on Feb 2010 inspite of providing all documents because one doc was missing that I could not produce contract between End client and primary vendor.Primary vendor are not ready to give this document.

I got RFE to produce contract between End client and primary vendor and I have produce agreemnt, SOW my employer-second vendor. I have sent pay stubs, end client letter, timesheets , end client badge, emails etc.I ahve been working for end client since 3 years.

Hierarchy is like this- End client-Primary vendor-Second vendor-My employer.

Now I want to know can I work for end client or should I stop working.How long can I stay in US? My employer is planning to reapply for new H1B. So if it gets approved should I go to Mexico or Canada to get new I94 and then start working.

What USCIS folks are trying to prove? They are intentionally declining H1Bs. We pay social,medicare,federal,state tax, obey law.Why do they need this doc from us.They can directly approach end client and ask them .

Please post reply

[shervin143]

1. Can anyone please respond about my chances to getting the case approved.
>>> This is very hard to predict. None of the prime vendor will be ready to give a copy of the SOW that they have signed with the client. Hopefully the other supporting documents that you provide will be helpful.

2. How long can I stay in US if the extension is denied ?
>>> Until your current I-94 validity. If your case is denied and the I-94 has already expired, then you will need to leave the country immediately.

3. Can I go on F1 Visa ?
>>> You can, provided you have been admitted in a school and have all supporting documents for a COS to F1.

My wife who is on H4 is planning to study, if she goes on F1, how soon she need to convert it to F1 ??
>>> She will need to convert to F1 before her current status (H4) expires. Once the current status expires, then there is no way for a COS from within the country.

[Godee]

Thanks shervin143.

Appreciate your help.

2 more questions:
1. My wife has already applied for Grad School (Phd) from the University where she completed her Masters. However the I20 form will take atleast 3 weeks to process and another one week to receive us. Will that make both of us in legal status if the I20 is received after H1B extension is denied ??

2. Do we need to fill out from I539 (extension for H4) for my wife ? Her I94 is also expiring the same day as of mine. If we do the e-filing for I539 befor I94 expires (and send all supporting docs with receipt of e-filling), I guess we should be in good shape. Please let us know your feedback.


Thanks.

1. Can anyone please respond about my chances to getting the case approved.
>>> This is very hard to predict. None of the prime vendor will be ready to give a copy of the SOW that they have signed with the client. Hopefully the other supporting documents that you provide will be helpful.

2. How long can I stay in US if the extension is denied ?
>>> Until your current I-94 validity. If your case is denied and the I-94 has already expired, then you will need to leave the country immediately.

3. Can I go on F1 Visa ?
>>> You can, provided you have been admitted in a school and have all supporting documents for a COS to F1.

My wife who is on H4 is planning to study, if she goes on F1, how soon she need to convert it to F1 ??
>>> She will need to convert to F1 before her current status (H4) expires. Once the current status expires, then there is no way for a COS from within the country.

[shervin143]

1. My wife has already applied for Grad School (Phd) from the University where she completed her Masters. However the I20 form will take atleast 3 weeks to process and another one week to receive us. Will that make both of us in legal status if the I20 is received after H1B extension is denied ??
>>> Your H1B extension has nothing to do with your wife applying for F1. COS to F1 need to be filed before her current I-94 expires. COS is not possible after the I-94 expiry. The only option after that is to go back and get the F1 stamped and re-enter in F1 status.

2. Do we need to fill out from I539 (extension for H4) for my wife ? Her I94 is also expiring the same day as of mine. If we do the e-filing for I539 befor I94 expires (and send all supporting docs with receipt of e-filling), I guess we should be in good shape. Please let us know your feedback.
>>> Yes, COS need to be filed before the current status expires.

[shrikantvc]

H1B extension denied, plan to convert to H4

Hi,

my wife has got H1B extension denial notice just today. Yet not received exact reason of denial. I need help to understand possible options going forward.

1. Reapply H1B
She has used 3 years of her total H1B. Can her company update LCA and file new H1B again with new job responsibility
2. H4
As I am already on H1B, she can be my dependent and can apply the change of status to H4.
a. Can I do that, if yes, does she need to go back to India for stamping?
b. Can I start a change of status from H1B to H4 even before we actually receive notice from USCIS?
c. Is it legal to stay in united states while H4 Extension is in pending?