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  #1  
Old 02-25-2009, 07:07 PM
h1bemployee h1bemployee is offline
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Default Urgent help needed

I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

what are the options for me?

can I apply for a H1b transfer?

please help
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  #2  
Old 02-25-2009, 07:15 PM
wandmaker wandmaker is offline
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Originally Posted by h1bemployee View Post
I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCAbecause of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

what are the options for me?

can I apply for a H1b transfer?

please help
You need to provide more details on bold words from your post. If you really need pointers from IV members.
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  #3  
Old 02-25-2009, 07:20 PM
h1bemployee h1bemployee is offline
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Originally Posted by wandmaker View Post
You need to provide more details on bold words from your post. If you really need pointers from IV members.
in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)
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  #4  
Old 02-25-2009, 07:25 PM
h1bemployee h1bemployee is offline
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h1bemployee is infamous around these parts h1bemployee is infamous around these parts h1bemployee is infamous around these parts
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Originally Posted by wandmaker View Post
You need to provide more details on bold words from your post. If you really need pointers from IV members.
when my employer replied to the RFE, they came with more questions and doubts...and USCIS asked submit their tax documents

what I understood ..my employer don't want to appeal against it ..because USCIS may come back with more doubts abt the consultancy itself...
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  #5  
Old 02-25-2009, 07:49 PM
h1bemployee h1bemployee is offline
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can anybody help me here?
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  #6  
Old 02-25-2009, 08:18 PM
fromnaija fromnaija is offline
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Originally Posted by h1bemployee View Post
can anybody help me here?
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
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  #7  
Old 02-25-2009, 10:03 PM
h1bemployee h1bemployee is offline
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h1bemployee is infamous around these parts h1bemployee is infamous around these parts h1bemployee is infamous around these parts
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Originally Posted by fromnaija View Post
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
thats what my employer told me....
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  #8  
Old 02-25-2009, 10:07 PM
desi3933 desi3933 is offline
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Quote:
Originally Posted by h1bemployee View Post
......

what are the options for me?

can I apply for a H1b transfer?

please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
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  #9  
Old 02-26-2009, 11:41 AM
h1bemployee h1bemployee is offline
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h1bemployee is infamous around these parts h1bemployee is infamous around these parts h1bemployee is infamous around these parts
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Quote:
Originally Posted by desi3933 View Post
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

I was working on getting those documents, I was in constant touch with my employer...

two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
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  #10  
Old 02-26-2009, 11:43 AM
h1bemployee h1bemployee is offline
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h1bemployee is infamous around these parts h1bemployee is infamous around these parts h1bemployee is infamous around these parts
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Quote:
Originally Posted by desi3933 View Post
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
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  #11  
Old 02-26-2009, 05:37 PM
wandmaker wandmaker is offline
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Quote:
Originally Posted by h1bemployee View Post
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

I was working on getting those documents, I was in constant touch with my employer...

two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
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*** Not a legal advice, use at your own risk ***
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  #12  
Old 02-26-2009, 05:45 PM
pbojja pbojja is offline
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Quote:
Originally Posted by wandmaker View Post
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

I know every one wants to help others in our community but think twice before replying
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  #13  
Old 02-26-2009, 05:56 PM
sac-r-ten sac-r-ten is offline
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Sorry for your situation. Its better to look for H1 transfer soon. Also expose such body shopper here, so that future H1B are aware of such dingy fly by night operators.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
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  #14  
Old 02-26-2009, 06:14 PM
h1bemployee h1bemployee is offline
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h1bemployee is infamous around these parts h1bemployee is infamous around these parts h1bemployee is infamous around these parts
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Quote:
Originally Posted by pbojja View Post
wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

I know every one wants to help others in our community but think twice before replying
I am not posting this for timepass.... This is a real problem....

My employer gave me Mar 12th as deadline.....

wandmaker... I am really sorry ...

here are the details:

when my employer got the RFE.. he asked me to send the following documents
# Previous company experience letters(from INdia)
#All Education certificates
# letter from the End client
# current resume
# w2 form

and he asked me to notarize all these documents. I sent all the requested documents except the end client letter, because my client said that its not their company policy to provide these type of letters.

There are two sub vendors between my client and employer. So I got a letter from one of the subvendor(he is in CA) that I am working in this company through them. In the letter he mentioned other sub vendor name also.

after sending these docs to USCIS ... My employer came back to me saying that he need more detailed documents.

# USCIS is doubting that I am working in CA not in NJ as the subvendor is from CA . But we provided the documents saying that I am working in NJ and I have filed my taxes from NJ only. I have my driving license from NJ.

# My employer filed H1b Amendment (filed in Aug 2007) saying that I work as a computer support specialist(eventhough I am working as a Systems Engineer) to support the salary pay. USCIS is saying that its not a H1B level job.

If I can tranafer my H1b to the main vendor , I will get a good pay and They can say I am working as Systems engineer which is h1b level job.

Can I transfer my H1 in this situation?. Please help.
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  #15  
Old 02-26-2009, 06:30 PM
scorpion scorpion is offline
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