I think you cannot work. But please do consult an attorney on that. Usually they apply for H1 again after H1 has been denied. There should be something on the basis of which you can re apply..Good luck...
You can work as long as the petition is pending. So no need to worry on that front. My case is in similar situation from Oct 29,2007. My case is in routine sucurity check pending.
You can stay in the country. But your H1 based work authorization has expired. So you must not work after 6 months. but you can stay in the country and wait as long as the case is pending.. please consult an attorney to get proper advice on this.
legally you can have H1 from upto 6 employers but you can work for only one of them at one time..You are not allowed to do part time or any work which does not come under skilled labor act for h1..You should try to avoid the over lapping dates with the employment..In this case, you might have to...
I would suggest you to take a paid appointment with murthy.com and then take decision. In my situation, i had taken help of them got the correct advice which was different from my employer's attorney and the advice was in my interest.
Also , you can call up USCIS and ask them in details about...
In the worst case, if you have to leave US..before leaving US you should send a mail to USCIS with all the details. As you are on H1, your employer should pay for your travel expenses..These kind of desi employers should be exposed..
here are her options..
1. She can work for company A if I-94 is still valid and find a project.
2. She can convert to H4 and then convert to F1. After F1, if she wants to change to H1, she will not be under the quota limit but the maximum period for which H1 will be issued at that time is 6...
If your relevant work exp is more than 7 years..then you might be considered under EB2. If your company is willing to do it, then do it through their attorney. It can take upto 5 years or more to get the GC..
In 2 yrs of employement they did not provide you paystub except for 3 months..then how were they paying you salary ? sending checks or direct deposits..Did they issue W2 for you for evey year you worked with them?
tell them clearly if they don'y pay you paystubs you are going to write mail to...
Hi,
In your case it would be 240 days from the date your I-94 expires. Beyond that you can stay in the country as long as application is pending but not authorised to work..
my case is oct 29, 2007 and still pending in security check..
You can continue to live and work as long as the petition is pending. There is no work authorization limit under Act 214(n) AC21 law if it was a case of transfer.
If it is an extension from the same employer, then work authorization limit is for 240 days from the data of expiry of I-94 and you...
Final Clarification
Hi,
The first attorney was from my employer and second attorney was from murhty. After getting the response from the forum i went back and asked my employer's attorney. This time he confirmed me that second attorney was correct. This is allowed under AC21 portability act...
Hi Vizio,
Great to hear that you got you H1 approved from CSC. But my question is , is it possible to file for a new H1 in a different service center when one is already pending ? In my case I-94 already expired ? Can we still file the same case at a different service center ?
Hi Folks,
I came to US in 2006 with company A on H1. In Nov, 2007 I switched to Company B. My H1 application was applied with company B before started working for them. But the H1 application is still pending and my I-94 expired from Sep 30, 2008..
Attorney of my company B says my work...
Hi Folks,
I came to US in 2006 with company A on H1. In Nov, 2007 I switched to Company B. My H1 application was applied with company B before started working for them. But the H1 application is still pending and my I-94 expired from Sep 30, 2008..
Attorney of my company B says my work...
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