H1B transfer denied - Applied for AOS as Derivative

siri_isha

New Member
I finished my masters in USA and went back to India in 2004 and came to USA on May 28, 2006 as a dependent (F-2 visa) of my husband, a PhD student. Later he started working on his OPT and his H1B started on Jan 20, 2007
Meanwhile, I applied for H1B with Company A starting Jan. 10th, 2007 (using Masters quota) and got approved.
I applied for a transfer to Company B on Feb. 23rd, 2007.
Company B received an RFE on Apr 25th, 2007.
Company B replied for RFE on July 11th, 2007 with premium processing.
I got a denial on July 25th, 2007. Company B said I should wrap up by Aug. 3rd, 2007.
Meanwhile I applied for AOS, EAD, and AP (advance parole) as a derivative of my husband on July 25th, 2007 and USCIS received it on July 27th, 2007 (fed ex receipt).
My sister’s wedding is in India on Sep. 1st, 2007. I have to be there for the wedding.

I have a few questions regarding travel and my status

1. Company B has given me 3 months vacation and asked me to come back after I get my EAD (assumption will get in 90 days or can collect from local office). Is this ok? Can I be on leave? Is the rule of 90 days for EAD correct?
2. I stopped working for company B after 5 days after getting denial - needed to wrap up things. What status am I in now? What status will I be when I quit? Can I stay in the country without applying for I-539 or a new H1b(will the cap regulations be valid if i apply again?)?
3. I have to go to my sister’s wedding – If I apply for an Emergency Advance Parole in the local office what are the chances I will get it? Can Company B (who applied for AOS) influence the local office in getting me an Emergency Advance Parole? If denied, will it affect the original advance parole application put forth by me?
4. What If I want to go to school part time when AOS is applied and no valid visa – can I go?
5. My husband and I both did not receive receipt notices for AOS - Can we leave the country for my sisters marriage? He will be going in H1b (has to get stamping in India) and I in advance parole if I get it.

Thanks

Siri
 
I finished my masters in USA and went back to India in 2004 and came to USA on May 28, 2006 as a dependent (F-2 visa) of my husband, a PhD student. Later he started working on his OPT and his H1B started on Jan 20, 2007
Meanwhile, I applied for H1B with Company A starting Jan. 10th, 2007 (using Masters quota) and got approved.
I applied for a transfer to Company B on Feb. 23rd, 2007.
Company B received an RFE on Apr 25th, 2007.
Company B replied for RFE on July 11th, 2007 with premium processing.
I got a denial on July 25th, 2007. Company B said I should wrap up by Aug. 3rd, 2007.
Meanwhile I applied for AOS, EAD, and AP (advance parole) as a derivative of my husband on July 25th, 2007 and USCIS received it on July 27th, 2007 (fed ex receipt).
My sister’s wedding is in India on Sep. 1st, 2007. I have to be there for the wedding.

I have a few questions regarding travel and my status

1. Company B has given me 3 months vacation and asked me to come back after I get my EAD (assumption will get in 90 days or can collect from local office). Is this ok? Can I be on leave? Is the rule of 90 days for EAD correct?
--------------- Local office has stoped giving EAD after 90 days if you visit local office they can inform Service center for EAD, you are not on H1 with company B, you can join any time when you get EAD

2. I stopped working for company B after 5 days after getting denial - needed to wrap up things. What status am I in now? What status will I be when I quit? Can I stay in the country without applying for I-539 or a new H1b(will the cap regulations be valid if i apply again?)?
--------------- you filed I-485 and your status at this time is AOS pending
3. I have to go to my sister’s wedding – If I apply for an Emergency Advance Parole in the local office what are the chances I will get it?
--------------------I dont think Local office will give Emergency Advance Parole to attend sister’s wedding
Can Company B (who applied for AOS) influence the local office in getting me an Emergency Advance Parole?
-------------------NO, FYI I-485 is filed by YOU not by employer A or B or C
If denied, will it affect the original advance parole application put forth by me?
-------------------no
4. What If I want to go to school part time when AOS is applied and no valid visa – can I go?
------------------ you need EAD
5. My husband and I both did not receive receipt notices for AOS - Can we leave the country for my sisters marriage? He will be going in H1b (has to get stamping in India) and I in advance parole if I get it.
------------------ if he is on H1 status then you can also get H4 visa stamp and can enter US on H4 status.the risk is if the consulate dont stamp your H4 visa then how you will enter US? you need AP approved in Hand before you go out if you want to use AP.


Thanks

Siri
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