H1B transfer denied | I-94 on old H1B still valid | Is my stay in the US illegal?

1

1skumar

New Member
Hello,
I applied for H1B transfer in June 2010 and got RFE in Dec 2010. I came to know today that the transfer was denied on 03/01/2011, but my employer didn't get any letter yet. USCIS said they will send a duplicate copy. (The online status still says RFE response review, could be a system glitch)
The expiration date on the I-94 that came with my old I-797 is Nov 2012. But my old employer cancelled/revoked my H1B after I filed a transfer.

Question: Since my H1B petition was denied, am I OOS?
Since the I-94 is not expired, is my stay in the US considered legal?
Since my old H1B was cancelled, will the I-94 that came with it also be invalid?
 
1skumar said:
Hello,
I applied for H1B transfer in June 2010 and got RFE in Dec 2010. I came to know today that the transfer was denied on 03/01/2011, but my employer didn't get any letter yet. USCIS said they will send a duplicate copy. (The online status still says RFE response review, could be a system glitch)
The expiration date on the I-94 that came with my old I-797 is Nov 2012. But my old employer cancelled/revoked my H1B after I filed a transfer.

Question: Since my H1B petition was denied, am I OOS?
-----------------What is this OOS? if your H1 transfer petition is denied then your stay is illegal in US.
Since the I-94 is not expired, is my stay in the US considered legal?
---- You are illegal.the I-94 you got was based on past employer H1 validity and that H1 was canceled/revoked by past employer.
Since my old H1B was canceled, will the I-94 that came with it also be invalid?
--Yes
Click to expand...

I have posted many times in past that don't join new employer till you get H1 transfer approval notice in hand.
 
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