H1B Denied... Pls advice what to do next....

R

rajiv75

Registered Users (C)
Hello my Situation:

1. Worked with company A from Oct 2007 to July 2009 On Aug they revoked H1B.
2. Joined consulting firm and started working from Nov 2009 after applying H1B.
3. Received RFE and replied with all doc required including client letter.
4. Today I checked USCIS website it says case denied, still need to wait to know reason for denial.

My Question:

1. Now I am getting full time offer from a company, Should I ask them to do H1 transfer or leave the country.

2. I know I am out of status from July, Does OOS continues even when petition is filed and case is with USCIS. MY I 94 is valid till Sept 2010.

3. I am in very bad situation... Please help with you advices and guide me ....

Please advice Seniors...

Thanks in advance.
 
You are out of status - and were also during your period of unemployment. A transfer will be denied. You will need to exit the US and wait for an approval notice to reenter. All the unexpired I-94 means is that you were not illegally present and would have a ban if more than 180 days and would be deportable.

If you violate US immigration laws and the terms of your visa, it does tend to cause problems. Why would you expect otherwise?
 
rajiv75 said:
Hello my Situation:

1. Worked with company A from Oct 2007 to July 2009 On Aug they revoked H1B.
2. Joined consulting firm and started working from Nov 2009 after applying H1B.
----- It seems to me the new comany filed H1 transfer when company A sent letter to USCIS to revoke the H1.
3. Received RFE and replied with all doc required including client letter.
------ you did not post what was asked in RFE.
4. Today I checked USCIS website it says case denied, still need to wait to know reason for denial.
----------The denial notice will be sent to Employer or lawyer who filed H1 transfer for you.
My Question:

1. Now I am getting full time offer from a company, Should I ask them to do H1 transfer or leave the country.
--------Your H1Transfer will be denied as you are not on valid H1 status.
2. I know I am out of status from July, Does OOS continues even when petition is filed and case is with USCIS.
MY I 94 is valid till Sept 2010.
------ you are out of status not illegaly staying and need to contact your Lawyer ASAP

3. I am in very bad situation... Please help with you advices and guide me ....
------Contact Lawyer or go out of US.

Please advice Seniors...

Thanks in advance.
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Thanks for reply.

We received RFE for W2 for previous 2 years Pay stub from Jan 2009....and Client letter... We provided all...
 
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