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URGENT PLEASE HELP: H1 Transfer->Denial->New H1->Visa

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  • URGENT PLEASE HELP: H1 Transfer->Denial->New H1->Visa

    I need some help on my firend's H1-B case.

    She left Company A in Dec 2012 when her I-94 was valid until June 2015.
    They did not cancel her H1-B.

    From Jan she was with Company B and she left them in March 2013. The new I-94 that she got from Company B was valid until Nov 2015.
    They cancelled the H1-B in March 2013.

    Then she joined Company C, where the H1-B transfer got denied in July 2013, due to lack of some documents.
    They filed a new H1-B which got approved in Nov 2013. They asked her to go to home country to get the visa and come back.

    So my basic question here is, between March 2013 when Company B cancelled her H1-B and now, was it OK for her to stay and work in US.
    She is going next week to her home country to get her visa stamped.

    She also has an approved I-140 which is not revoked.
    Last edited by jasminadesai; 12-31-2013, 12:53 PM.

  • #2
    Originally posted by jasminadesai View Post
    I need some help on my firend's H1-B case.

    She left Company A in Dec 2012 when her I-94 was valid until June 2015.
    They did not cancel her H1-B.

    From Jan she was with Company B and she left them in March 2013. The new I-94 that she got from Company B was valid until Nov 2015.
    They cancelled the H1-B in March 2013.

    Then she joined Company C, where the H1-B transfer got denied in July 2013, due to lack of some documents.
    They filed a new H1-B which got approved in Nov 2013. They asked her to go to home country to get the visa and come back.

    So my basic question here is, between March 2013 when Company B cancelled her H1-B and now, was it OK for her to stay and work in US.
    She is going next week to her home country to get her visa stamped.

    She also has an approved I-140 which is not revoked.

    If she was working with C from March 2013 onwards and eventually the transfer got denied then from March 2013 onwards she was out of status. At the same time it would be difficult to assess without seeing the actual documents and chain of events which transpired. As long she had valid and continuous I-94, petition and pay stubs for the same company to prove the status during that period she was in status, if any of this was missing it might be problematic. Advisable to take the documents to an attorney to determine the options.

    This is my opinion not legal advice.

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