H1 Rejected - New H1 application

B

Bob_87

New Member
Hello,

My H1 (transfer) was rejected and employer is filing a new H1 (internal project). No MTR(motion) is being done.
1. What are the chances that USCIS would give I94? if they give I94 along with approval I797, do I still need to leave the country and get VISA stamped?
2. If USCIS doen't give I94, what would be the VISA questions that VISA consulate officer might ask?
3. Would they ask about the 1-2 months of stay in the US and how that can be answered/justified?
4. Staying out-of-status in the US and without working in the US, are these any concerns in VISA interview?

Thank you.
 
Reason for Rejection.. Employer-Employee Relation cannot be determined. And USCIS gave the below reason in denial notice.
"It is ordered by the Director of the California Service Center, United States Citizenship and Immigration Services ("USCIS"), that the extension of nonimmigrant status requested on behalf of the beneficiary be denied for the following reason:
The nonimmigrant visa petition filed to classify the beneficiary under section l0l (a) ( 15) (H) of the Act has been denied.
 
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