H-1B in process, Visitor visa rejected. What are the options now?

[F12H1]

Hello All,
I was let go on Oct 3 and had sent out an application for visitor visa on the same day which reached USCIS on Oct 4. My visitor visa application was rejected, the reason cited was that even when I had offer letter from another company on Oct 1, I chose to send the application on Oct 3 and was received by the USCIS on Oct 4 which was after my job was terminated, this delay is not justified.
Now my H-1B was filed on Nov 16 and got an RFE on Nov 30 see attached screenshot, the attorney was waiting on the B-1 decision and now will reply to RFE.


Based on my current situation I have a few questions,
1) Does my visitor visa denial jeopardize my H-1B application, would it be rejected?
2) Is there an option that my H-1B would be accepted and I can start work immediately without the need for stamping OR I have to go out of the country for stamping?
3) Can I travel to Canada for the stamping or I have to travel to my home country (India)?
4) Do I have to leave the country immediately or I am still considered in status since my H-1B application is under review?

Thanks,
F12H1

[kabkaba]

Hello All,
I was let go on Oct 3 and had sent out an application for visitor visa on the same day which reached USCIS on Oct 4. My visitor visa application was rejected, the reason cited was that even when I had offer letter from another company on Oct 1, I chose to send the application on Oct 3 and was received by the USCIS on Oct 4 which was after my job was terminated, this delay is not justified.
Now my H-1B was filed on Nov 16 and got an RFE on Nov 30 see attached screenshot, the attorney was waiting on the B-1 decision and now will reply to RFE.
[ATTACH]195[/ATTACH]

Based on my current situation I have a few questions,
1) Does my visitor visa denial jeopardize my H-1B application, would it be rejected? -- It will get approved without an I-94.
2) Is there an option that my H-1B would be accepted and I can start work immediately without the need for stamping OR I have to go out of the country for stamping?
-- Since it will be approved without an I-94, you will need to leave the country.
3) Can I travel to Canada for the stamping or I have to travel to my home country (India)? -- You can go anywhere. You can even use the H1B Visa in your passport if any.
4) Do I have to leave the country immediately or I am still considered in status since my H-1B application is under review? -- You are out of status from the day you got terminated from your last job.

Thanks,
F12H1

See above.

[F12H1]

Kabkaba,
Thank you for the reply, helps! Could you please explain these further?

Can I travel to Canada for the stamping or I have to travel to my home country (India)? -- You can go anywhere. You can even use the H1B Visa in your passport if any.
-F12H1- I did not get this point of using my H1B visa passport? Right now my passport has the visa stamped for my previous employer.

Do I have to leave the country immediately or I am still considered in status since my H-1B application is under review? -- You are out of status from the day you got terminated from your last job.
-F12H1 - So does this mean I have to leave the country on immediate basis?


Thanks,
F12H1

[kabkaba]

Kabkaba,
Thank you for the reply, helps! Could you please explain these further?

Can I travel to Canada for the stamping or I have to travel to my home country (India)? -- You can go anywhere. You can even use the H1B Visa in your passport if any.
-F12H1- I did not get this point of using my H1B visa passport? Right now my passport has the visa stamped for my previous employer.

---- When new employer's petition gets approved (without I-94), all you need to do is leave the US and return with new petition in order to get the new I-94. You can use the same existing Visa (if not expired) and new petition to return to US. You don't even need to apply for Visa again.

Do I have to leave the country immediately or I am still considered in status since my H-1B application is under review? -- You are out of status from the day you got terminated from your last job.
-F12H1 - So does this mean I have to leave the country on immediate basis?
----Yes.


Thanks,
F12H1

See above.

[F12H1]

Kabkaba,
Right now my passport H-1B stamped from company A (that let me go), you are saying that when I get the H-1B from company B without the I-94 I will have to take that and travel out of the country, lets say India. In India I do not have to book a visa date and go for the interview but just fly back in and obtain a new I-94 to start working?

[kabkaba]

Kabkaba,
Right now my passport H-1B stamped from company A (that let me go), you are saying that when I get the H-1B from company B without the I-94 I will have to take that and travel out of the country, lets say India. In India I do not have to book a visa date and go for the interview but just fly back in and obtain a new I-94 to start working?

That is correct and that country can be India or Canada or any other country assuming the Visa in your passport has not expired at that time. The Visa is not tied to any employer.

[F12H1]

Kabkaba,
I spoke with my attorney some time back and she will now update the Vermont center to process my H-1B as a out of country application since my visitor application is denied. Now would this mean that I will have to go to the US consulate in India for stamping or I can still travel back in US just with the new I-94? Also since I am not working since Oct would my H-1B be revoked by now and does this affect my option of flying in with just a new I-94?


Thanks,
F12H1

[kabkaba]

Same answer.

[F12H1]

Same answer.

Kabkaba,
Sorry to be a pain for you but could you please point me to a official link that I can share with my attorney? Also I checked the USCIS website and my H-1B petition from previous employer has been revoked as of Dec 22, 2012 would this change the case? Please see the attached screenshot.



I am all in favor of not visiting the consulate hence just making sure that all my bases are covered. I really appreciate all the help.



R/
F12H1

[kabkaba]

If your new employer has any good, experienced attorneys they will know that you can use the same Visa. You can tell them that it is a part of the AC21 act. Attorney should advise you about laws not the other way.
Previous employer's revocation of their petition has nothing to do with this.

[F12H1]

If your new employer has any good, experienced attorneys they will know that you can use the same Visa. You can tell them that it is a part of the AC21 act. Attorney should advise you about laws not the other way.
Previous employer's revocation of their petition has nothing to do with this.

Yes, I know but when I mentioned this option, my attorney was not fully convinced hence I was looking for extra documentation to cement the fact. Thank you for all the help!


R/
F12H1

[F12H1]

Last question for the day Kabkaba; my wife is here with me on H-4 so same would apply for her as well right? Fly out and come back in on new I-94.


Thanks,
F12H1

[kabkaba]

Yes.

[F12H1]

Thanks Kabkaba for all the help!

[F12H1]

Kabkaba,
I spoke with an another attorney for second opinion and he asked me to look into the 222(g) rule, I read through it and came to the conclusion that I might need a interview. It's written too technically, could you please review it and let me know what it really means?



Also below is the response to the RFE from my attorney that was sent yesterday,



Now after reviewing these two things, do you still feel I am good without an interview?

If the screenshots are not clear enough, please let me know and I can send you an email as well.

Thanks,
F12H1