Urgent - first employer H1b expired, h1b transfer withdrawn by new employer

[sun65]

Please kindly advice...

• Came to US on an H1b by Company A in Nov-2008
• Got a new offer from company B and company B filed for transfer on 8-Aug-2010
• Got WAC number and started working for B since 12-Aug-2010
• Unfortunately lost project on 30-Aug-2010
• Company B terminated me on 31-Aug-2010
• Company A, H1b expired on 20-Sep-2010
• Company B sent H1b withdrawal letter to USCIS on 30-Sep-2010
• USCIS cancelled Company B H1b process on 20-Oct-2010
(USCIS Decision: On October 20, 2010, we mailed a notice acknowledging withdrawal of this application or petition I129 PETITION FOR A NONIMMIGRANT WORKER. If you have not received the notice within 30 days of October 20, 2010, contact our customer service at 1-800-375-5283. If at some point in the future you wish to pursue the benefits provided by this application or petition, you must file a new application along with all applicable fees and evidence)

plesae kindly advice...

since what date out of status started and what are the options to stay back in US legally?

many thanks in advance for any suggestions.....

 

[sun65]

Thank you Anderson24!

yesterday i've requested my previous employer and he agreed to apply for a H1b for me. he said he can apply based on my first H1b which was expired on September 20th and H1b may be approved without I-94 and I need to go back to India to get stamped.

 

[ginnu]

Thank you Anderson24!

yesterday i've requested my previous employer and he agreed to apply for a H1b for me. he said he can apply based on my first H1b which was expired on September 20th and H1b may be approved without I-94 and I need to go back to India to get stamped.

At this time you don’t have any status. No H1 pending with USCIS. Your I-94 is expired. If the previous employer files the H1 you being out of status USCIS is going to reject it. Why not to depart US and let the previous employer file H1 and once H1 gets approved then get Visa stamp and enter US?
I have seen 4-5 cases like your situation. Never join new employer BEFORE new Employer get H1 approval notice for you. At this time USCIS ask lot of documents from Employers and send RFE for many documents and many employers are not able to show what USCIS asks. for more info talk to your Lawyer or your Employer Lawyer.

 

[sun65]

Thank you very much for you advice. In fact, I've contacted a attorney this morning and he too said the same (he said there is 10% chance to get my H1b approved if I stay here), but I'm hesitating to go back to India because I don't have enough work history (like w2 and paystubs) to show there in consulate in india.

 

[ginnu]

Thank you very much for you advice. In fact, I've contacted a attorney this morning and he too said the same (he said there is 10% chance to get my H1b approved if I stay here), but I'm hesitating to go back to India because I don't have enough work history (like w2 and paystubs) to show there in consulate in india.

----Let employer file New H1 petition. If approved it will be sent to you out of US by employer and you will go to US consulate for Visa stamping. US consulate is not going to ask you W-2 or Pay stubs as your H1 is not H1 extension. why you want to stay illegally in US? don't you think that your illegal stay will create more problems for you??

 

[sun65]

Hi Ginnu,

thanks once again. after a lot of research and as per my attorney's advice I've decided to leave county next week. i've requested my employer to send my H1b to India, so that I can attend the consulate for my new H1b stamping. I greately appreciate your valuable suggestions and support.

 

[ginnu]

Hi Ginnu,

thanks once again. after a lot of research and as per my attorney's advice I've decided to leave county next week. i've requested my employer to send my H1b to India, so that I can attend the consulate for my new H1b stamping. I greately appreciate your valuable suggestions and support.

That is good decision to go back to India and don't just wait for H1 approval notice. if You find good job in India go for it and also you can do some certifications. where are you from India?

** inform the update you can also PM me or others and we will answer your question.

Good Luck!!

 

[sun65]

Ginnu,
thank you for your encouraging words. i'm from hyderabad. i'll keep you posted with updates. (actually this forum account is my cousin's, when i told him my situation he asked me to post the issue in the forum and I did it immediately on his account). i'll open my own account and post the updates and PM you.