H1B1 approved but I-94 denied

revoke485

Registered Users (C)
TheRealCanadian or other gurus..please advice.

I was working for company A and H1B1 expired on Feb 15 2007
I applied for H1B1 transfer for Company B on Dec 2006,But Company B did not submit the required information for the query so USCIS denied the companyB H1B1 petition in Feb 18.

I applied for H1B1 transfer with company C on Feb 18 2007, 3 days after company A H1B1 expired and on the same day H1B1 is denied with companyB.

Now Company C -H1B1 is approved but they said, since i am staying in the USA illegal for more than 6 months my I-94 has been denied and i need to go to US Consulate- INDIA to get H1B1 stamping. But if i leave USA and go to US Consulate in INDIA they might deny my H1B1 stamping has I am staying in the USA for more than 6 months. I had applied for "MOTION-2-REOPEN" 3 months back but no response its is still pending...If i stay for one more month I will come under more than 1year illegal status and my entry will be bar for 10years..


Please advice what is the best way to do.....This is very important to my career and i really appreciate any help from any of you.
 
Thanks for the reply...I did hired lawyer 3 months back and applied for the MOTION-2-REOPEN and paid huge amount of fees to lawyer and USCIS but the case status says" It is still pending with commissioner office" its been 90days and no reply and i will be exceeding one year limit after 10days.


Anyone please advice..if u come across this out of status thing...
 
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