H1b denial

khannaSPB

New Member
Hi

I am looking for an opinion on an immigration case. The details are as under:
H1 (3years) expired on Sept 30th , 2008
I-94 stamped till Sept 30th, 2008
Filed H1 extension before expiration
240 days from filing extension elapsed on May 27th 2009, and till then no action was taken by USCIS
Continued work with client in the meantime
Applied for new H1 on May 21st 2009 to continue work with the client
First H1 extension denied on Aug 28th , 2009
Still have employment till Nov end 2009

Q. What is my status currently ?
Q. Can I go back to India in Nov 09 (upon termination of work) and still be legal and then wait for my second H1 approval ?

thanks in advance for any help
 
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