H-1 B extension of status denied (no I-94 given)

J

jim77

New Member
Hi Guys,
Need some expert advice/help on this issue :

-Transferred from f-1 to h-1 without any issue last may.
-Again transferred my h-1 to a new company this Jan thru normal processing.
-Got an RFE in march as lawyer screwed up & wrote "Masters of Science in Science" for me and not specified my IT degree,
-anyways lawyer replied at the last moment on the query in June even though we gave the documents asap in 1st week of april
-INS says it never received the documents but lawyer had copy of fedex airway bill, and closed the case in July.
-Lawyer passed a motion to reopen the case but it got denied in August.
-Me & my company hired a different lawyer meanwhile and requested a new h-1 with premium processing in september also asking for extension/adjustment of status for the period of aug-september.
-GOt the approval last week without I-94 and INS on the approval says that adjustment of status is denied I will have to go the indian consulate(mumbai) to get my visa stamped. Still havent got the letter why they have denied the extension of status..
Now, its too delicate situation for me .. am confused whether a) Can i get a denial of visa in mumbai even when it was not my fault or fault of lawyer's /INS's losing my documents and lawyer keeping me through out in the dark..
2) through out i have maintained flawless status with my student visa and my CPT/OPT
3) I have got an appointment in dec and presently working on a project. How long can I stay here before leaving to India, in a limbo whether I have to leave right away or can leave sometime in november not getting any payroll generated.
Anyone having similar experiences ???
Just want a poll whether I might be able to come back or am gone for good :)
Any answers would be appreciated. Thanks in advance for everyones help .
 
jim77 said:
Hi Guys,
Need some expert advice/help on this issue :

-Transferred from f-1 to h-1 without any issue last may.
-Again transferred my h-1 to a new company this Jan thru normal processing.
-Got an RFE in march as lawyer screwed up & wrote "Masters of Science in Science" for me and not specified my IT degree,
-anyways lawyer replied at the last moment on the query in June even though we gave the documents asap in 1st week of april
-INS says it never received the documents but lawyer had copy of fedex airway bill, and closed the case in July.
-Lawyer passed a motion to reopen the case but it got denied in August.
-Me & my company hired a different lawyer meanwhile and requested a new h-1 with premium processing in september also asking for extension/adjustment of status for the period of aug-september.
-GOt the approval last week without I-94 and INS on the approval says that adjustment of status is denied I will have to go the indian consulate(mumbai) to get my visa stamped. Still havent got the letter why they have denied the extension of status..
Now, its too delicate situation for me .. am confused whether a) Can i get a denial of visa in mumbai even when it was not my fault or fault of lawyer's /INS's losing my documents and lawyer keeping me through out in the dark..
2) through out i have maintained flawless status with my student visa and my CPT/OPT
3) I have got an appointment in dec and presently working on a project. How long can I stay here before leaving to India, in a limbo whether I have to leave right away or can leave sometime in november not getting any payroll generated.
Anyone having similar experiences ???
Just want a poll whether I might be able to come back or am gone for good :)
Any answers would be appreciated. Thanks in advance for everyones help .
Click to expand...


You need to find out the answers to a couple questions before you leave:

1. Did your I-94 expire, if so, when?
2. Did your previous company cancel your H-1B? When?
3. Are you working for the new sponsor now? When did you start?

Mainly, this boils down to ensuring that you did not accumulate 180 days of illegal presence or work illegally. You need to be sure of these answers before you leave since 180 days of illegal presence will trigger a 3 year bar to reentry.
 
H-1 b approved but extension of status denied

Hi Jim,
Some days back I had posted this. I thought nobody replied and then I saw your answer. Please find my answers enclosed for the questions you had asked in the bottom of the email .



You need to find out the answers to a couple questions before you leave:

1. Did your I-94 expire, if so, when?
Right now I have two I-94s, 1st one is for the F-1 which says d/s, I know since I am no longer in F-1 visa, that I-94 should not be valid.. Second I-94 I have which I got thru my 1st H-1 is from Sep 03 till Sep 2006. H-1 is still approved and employer didnt cancelled it, BUT I transfeered to new company in January 2004 and since then the problems arose of my docs lost by INS and other stuff.

2. Did your previous company cancel your H-1B? When?
No .. they havent cancelled my previous H-1, I wanted to go back to him but the employer is giving me hard time to take me back.
3. Are you working for the new sponsor now? When did you start?
I started with the new employer in January after my petition was received by INS and worked with them till end of August and not working from then. My 1st denial came on July 21st due to "abandonment" since INS claimed they never received my docs. MTR is filed to AAO and infront of commisioner in NEbraska, decision should be taken by 15 th Nov as they stated 30-60 days, and the application was submitted on Sep 15th. My company again had filed a new H-1 for me in Sep and got approved in 1st week of October without I-94, INS said they will send a reason why extension of status was denied, till now my attorney hasnt received the letter and thats Y i didnt left the country. Now I am planning to leave within 2 weeks and my appointment in mumbai is in 1st week of dec. Do you think I should be ok ?? I dont come under 180 days of illegal presence and we have all the proofs of docs and correspondances with INS , including the fedex receipt of the mail INS lost in the first place.
Please do let me know what your thought s are. I would really appreciate your advice. ............................Too confused as some ppl say to go , some say dont go ....

Mainly, this boils down to ensuring that you did not accumulate 180 days of illegal presence or work illegally. You need to be sure of these answers before you leave since 180 days of illegal presence will trigger a 3 year bar to reentry.
 
I am also in a similar situation. We applied H1 petetion for my wife presently on H4 with a request for change of status. The H1 petetion was approved but they did'nt send any communication regarding change of status and the I94 was also not attached. I was just wondering when you said you got a reasoning why I94 was not granted, where was it specified. Was it specified on the approval notice or a additional document/memo was sent along with the approval mentioning why change of status was not granted or the I94. Appreciate your kind response.
 
I am in a similar situation. Please let me know what steps did you take and did you leave the country and got your visa re stamped?
 
You must log in or register to reply here.
Top