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Immigration Question

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Bmw007
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Posted on Friday, June 07, 2013 - 03:45 pm:       


Mahesh_fan:




Anything between 2-4 months. The lawyer should be very good to file the MTR..He should be able to show ample proof for the reason it was rejected.

Mine was rejected after 8 yrs of US SAP experience working for same client for 6 yrs saying mine is not a specialty job. So my lawyer requested if my client can give a strong letter saying what i do at work and how much important it is for my client. Luckily my Gora manager signed what ever was drafted on the company letter head.I am also got in touch with my earlier client manager and he also gave a letter what i did for him and how long i worked for him.

My lawyer built a strong case with both my letters and also questioning how my other 2 H-1's were approved when my role has not changed in fact gaining more experience...Got the whole thing approved in 3 months 2 days and also got i-94 with it
08/24/2012-167.4 lbs
02/8/2012-181.2 lbs
01/04/2012-187 lbs
 

Mahesh_fan
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Posted on Friday, June 07, 2013 - 03:19 pm:       


Bmw007:


mastaru mtr apply chesthay entha time lo response vasthundhi. Lastest telisina case okati undhi client letter undhi but june 30 dhaka undhi. Last 2 years nuchi akkaday working. Still denied. Dec dhaka project ext letter vachindhi malli pamuthunaru.
 

Zulu
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Posted on Friday, June 07, 2013 - 03:03 pm:       

@Saint, bmw
Thanks for your help

@Marv..something about employee-employer relationship...i dont clearly know..

@Guluji..k muyy if pazibul :d
 

Netsaint
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Posted on Friday, June 07, 2013 - 02:59 pm:       

He can wait . He cannnot work during MTR.
My Telugu Bhakthi Blog :http://gurugeetha.blogspot.com/
 

Maverick
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Posted on Friday, June 07, 2013 - 02:57 pm:       

rejection reason enti? adi first cheppandi
Who is this DB member?

nenu anumanapu mogudu laaga jrNTR seelanni sankinchina maata nijam BUT mugguru karudugattina only balayya fans (who watched badshah tho) matladaka they certified "maakemi anipinchaledhu"
 

Ravino786
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Posted on Friday, June 07, 2013 - 02:56 pm:       

saint emotional kaku...nenu choosina facts cheptunna deny ayyi wellina walla life chala bagunayi and future lo they will be more happy
Rajanna Amar Hai. Jai Jagan, YSRCP Zindabad.
 

Onlytruth
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Posted on Friday, June 07, 2013 - 02:54 pm:       

H1 deny - exit country ..dot
Only work around MTR but i dont know how it works
 

Saint
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Posted on Friday, June 07, 2013 - 02:47 pm:       


Ravino786:

addamaina salahalu cheppu and anavsaranga money karchu chesukoni ekakd aundadam kanna desam welthe better after few years this decession of goign back will have more fruits ...


ee sollu seppe badulu nuvvu povachu kada...neeku akkara leda aa adrustam? pakkodu adigina daniki telisthe answer chepthe challu.....akkaraleni salahalu ivvamante mundu vuntam
 

Saint
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Posted on Friday, June 07, 2013 - 02:46 pm:       


Bmw007:



H-1 transfer approve ayyi..you have to go out get it stamped and then come back in and then start working bava...




idi old I94 still valid (not expired) ithe avasaram ledu anukunta baava...already expire ayyi vunte ..bayataki vellalsi vasthundi
 

Ravino786
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Posted on Friday, June 07, 2013 - 02:45 pm:       

addamaina salahalu cheppu and anavsaranga money karchu chesukoni ekakd aundadam kanna desam welthe better after few years this decession of goign back will have more fruits ...
Rajanna Amar Hai. Jai Jagan, YSRCP Zindabad.
 

Saint
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Posted on Friday, June 07, 2013 - 02:45 pm:       


Zulu:


best talk to attorney (murthy)
 

Ntr_rocks
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Posted on Friday, June 07, 2013 - 02:43 pm:       


Bmw007:


Motion to re open..The case will again go the same guy who rejected the H-1..if we can provide new evidence to show for the reason the h-1 was rejected he will consider and approve it...


Thanks.
 

Saint
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Posted on Friday, June 07, 2013 - 02:43 pm:       


Zulu:



babai..if you can find any link that says this..that would be of great help.




rejection letter vache daaka working ante...nenu chesa...it took 1 month to receive the rejection letter from CIS.

second part:

http://www.murthy.com/2011/12/30/motions-and-appeals-as-opti ons-after-uscis-denial/

Question: When the petition for extension of H1B status is denied and existing I-94 is already expired, does that mean the beneficiary has to leave U.S. immediately, or can he remain in the country if a motion to reopen (MTR) the denial is filed timely?

Senior Attorney:

The filing of an MTR does NOT keep one in a legal status in the United States. The MTR only restores the lawful stay if the MTR is granted, and the person will only regain status if the case that was denied is both reopened AND approved. The wisdom and risks of staying in the United States should be discussed with the attorney involved in the case. We at the Murthy Law Firm could provide a second opinion, if desired. What is important is the strength of the arguments in the MTR and the amount of unlawful presence that has accrued already.

https://www.immigrationdesk.com/?p=1558



Basically, if the extension is denied, then the time spend in U.S without a valid I-94 is considered as illegal stay. Like I mentioned earlier, if your MTR turns out to be positive and if you get a new I-94, then you are good. If not, then all the time spend in U.S after the I-94 expiry date is considered as illegal stay. You cannot stay in U.S just by keep filing MTR's. Your employer might say anything to keep you in the country and make money out of you. Ultimately it is you who will be suffereing becuase of the illegal stay. Staying illegally and working for more than a year based on a MTR is never the right thing to do at the first place. Do consult a good immigration attorney.
 

Ravino786
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Posted on Friday, June 07, 2013 - 02:40 pm:       

Korrodiki adrustam bagundi reject indhi h1 happy ga desm wellamanu no need to apply anything ....

adrustanni kalladanni ekkade untam ante adhi karma

Rajanna Amar Hai. Jai Jagan, YSRCP Zindabad.
 

Bmw007
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Posted on Friday, June 07, 2013 - 02:39 pm:       


Saint:

you can do a new H1 transfer and start working.




H-1 transfer approve ayyi..you have to go out get it stamped and then come back in and then start working bava...
08/24/2012-167.4 lbs
02/8/2012-181.2 lbs
01/04/2012-187 lbs
 

Bmw007
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Posted on Friday, June 07, 2013 - 02:38 pm:       


Ntr_rocks:

MTR ante ento cheppandi




Motion to re open..The case will again go the same guy who rejected the H-1..if we can provide new evidence to show for the reason the h-1 was rejected he will consider and approve it...
08/24/2012-167.4 lbs
02/8/2012-181.2 lbs
01/04/2012-187 lbs
 

Bmw007
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Posted on Friday, June 07, 2013 - 02:33 pm:       


Zulu:

He told me that he can keep working..till he hears anything from MTR..which i dont understand




He can do it..but if MTR is rejected all the days he worked will be illegal..The chances of getting an MTR approved are very slim to none...so ask him to be prepared for that...he can good chance to get H-1 from someone else and go for stamping
08/24/2012-167.4 lbs
02/8/2012-181.2 lbs
01/04/2012-187 lbs
 

Zulu
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Posted on Friday, June 07, 2013 - 02:32 pm:       


Saint:

until ur attorney receives ur rejection letter..u can work...

if u open MTR after rejection..u r not supposed to work ani ekakdo chadivinattu gurthu....you can do a new H1 transfer and start working.




babai..if you can find any link that says this..that would be of great help.
 

Ntr_rocks
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Posted on Friday, June 07, 2013 - 02:32 pm:       

MTR ante ento cheppandi
 

Saint
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Posted on Friday, June 07, 2013 - 02:30 pm:       


Zulu:


He told me that he can keep working..till he hears anything from MTR..which i dont understand..and i asked him to double check on that..How can you work on a denied visa..


until ur attorney receives ur rejection letter..u can work...

if u open MTR after rejection..u r not supposed to work ani ekakdo chadivinattu gurthu....you can do a new H1 transfer and start working.
 

Bmw007
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Posted on Friday, June 07, 2013 - 02:29 pm:       


Jambalahaart_raja:

H1-B visa transfer case ki receipt number vosthey chaalu, he's eligible to continue staying.





Bhayya...once your I-94 date is expired and your H-1 rejected you are not eligible to stay even if you apply for H-1 transfer and get a receipt...240 days with approved i-140 is false....once you cross 180 days you are in big soup.

What ever you want to do you need to do before the 180 days
08/24/2012-167.4 lbs
02/8/2012-181.2 lbs
01/04/2012-187 lbs
 

Saint
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Posted on Friday, June 07, 2013 - 02:28 pm:       


Bmw007:


Bhayya...you will out of status after the rejection. You can also file an MTR an if approved you will get an I-94....your out of status will kick off after the H-1 rejection date.

I had my h-1 rejected twice and once i went through MTR and got it approved and i did get i-94 with approval..it took 90 days after initial h1 rejection to get the MTR approved




baava ...AZ ellaka DBing tagginchav emtii?
 

Zulu
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Posted on Friday, June 07, 2013 - 02:27 pm:       

Thanks for all your responses..

He just updated me that his employer is going open Motion to reopen pretty soon..and he has an employer who is willing to file a new H1B aswell..so..katha sukhantham ayyetattu undi..

He told me that he can keep working..till he hears anything from MTR..which i dont understand..and i asked him to double check on that..How can you work on a denied visa..

anyways..thanks again.
 

Bmw007
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Posted on Friday, June 07, 2013 - 02:26 pm:       


Jp_rocks:

so basically 8 months out of status aipoinatte..




Bhayya...you will out of status after the rejection. You can also file an MTR an if approved you will get an I-94....your out of status will kick off after the H-1 rejection date.

I had my h-1 rejected twice and once i went through MTR and got it approved and i did get i-94 with approval..it took 90 days after initial h1 rejection to get the MTR approved
08/24/2012-167.4 lbs
02/8/2012-181.2 lbs
01/04/2012-187 lbs
 

Jambalahaart_raja
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Posted on Friday, June 07, 2013 - 02:22 pm:       


Zulu:

They applied for a 3 year extention based on 140 approval..got a query and finally was rejected Yesterday.



With a approved 140, one is eligible to stay in the US for 240 days no-matter what is status of the H1-B visa, ani naa attorney naaku May 22 cheppaadu.

Nevertheless, Your cousin should be eligible to transfer his visa within 30 days. Rejected H1-B visa ki min 30 days time isthaaru. 5 days is a buss. H1-B visa transfer case ki receipt number vosthey chaalu, he's eligible to continue staying. My employer will be glad to handle such cases. mail to j_praneeth@yahoo.com
Three lessons for life - F**k, Don't give a F**k, Don't get F**ked!! - Robert Downey Jr.
 

Jp_rocks
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Posted on Friday, June 07, 2013 - 02:22 pm:       

same situation aindi telsina oka ammaiki....E-V-V-C model, 2nd h1 extension..no response frm uscis on her petition for 8 months..7 months tarvata she applied for a full time position.....daniki RFE adindi, adi answer chese lopu her original H1 extension was denied

so basically 8 months out of status aipoinatte..

immediate ga country exit ayyi, stamping attended..NO Qs asked, chennai lo stamp esi pampehaad..all is well
 

Bmw007
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Posted on Friday, June 07, 2013 - 02:16 pm:       


Zulu:




Zulu..he can stay for 180 days ( not official but acceptable) and he can also apply for H-1 from new employee...once approved he will not get the I-94 with H-1 he will have to go out get it stamped and then enter the country back. Make sure be doesn't cross 180 days ...once he crosses he will be banned to enter US fro 8-10 yrs
08/24/2012-167.4 lbs
02/8/2012-181.2 lbs
01/04/2012-187 lbs
 

Jp_rocks
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Posted on Friday, June 07, 2013 - 02:16 pm:       

E-V-C model aa?
 

Jp_rocks
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Posted on Friday, June 07, 2013 - 02:15 pm:       

1. File MTR immediately.
2. File new H1 with another employer in premium - this is not timely filing so if his petition is approved he will be asked to exit, get stamped and re-enter..if he's lucky he may get a new I-94 too
 

Humpty_dumpty
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Posted on Friday, June 07, 2013 - 02:11 pm:       


Zulu:

s murthi.com still doing a phone/email service to answer questions like this


yes
wallani contact seyyi and post feedback here
ppl can post relevant answers then
peace!
 

Katthi
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Posted on Friday, June 07, 2013 - 02:05 pm:       

I think he can transfer.. but he need to exit and get stamped
 

Katthi
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Posted on Friday, June 07, 2013 - 02:04 pm:       

Yes.. they can do that..

He cna apply for the extension.. but he might need to go out and get stamping..
 

Zulu
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Posted on Friday, June 07, 2013 - 02:02 pm:       

So, My brother (cousin) is in his 6th year of H1B (5 year,8 months.), He has his I140 Approved recently. His H1B Petition expired in April first week.
They applied for a 3 year extention based on 140 approval..got a query and finally was rejected Yesterday.

His employer says he needs to leave the country in 5 days..My question is can he find a different employer immediatly and apply for a new H1B based on 140 approval.

I asked him to talk a lawyer asap..Is murthi.com still doing a phone/email service to answer questions like this..I remember they used to do this earlier..

Any inputs? Your help greatly appreciated.

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