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Messed up H1. Seeking sincere suggestions

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  • Messed up H1. Seeking sincere suggestions

    Hello,
    I am in a situation where i need your help and guidance.
    I am a nonimmigrant from India. I was working for company A on H1B visa with valid stamping on my passport till June 20, 2015.
    Reveived a job offer and I joined with employer B on Jan 20, 2015 with the H1B transfer receipt, as he was sure for approval.
    Now Company A revocked my H1B on 24th January 2015 and company B got the denial for transfer in February.
    And the denial case could not be reopened or go to motion.

    I still have the valid I94 until June 20, 2015 from the stamping company A.

    Questions
    1) Am i illegal in USA? I am not working and will not have any payrolls processing.
    2) Is my i94 invalidated with the petiotin from company A revocked?
    3) I got another job offer from company C. They have filed for another transfer with consulate processing. Can i stay in USA when I am waiting for the decision on petiotin.
    4) Am I out of status? if yes, since when? starting the day company A revoked my visa or after the denial was received on 20th Feb 2015?
    5) Company C has filed for consulate processing. And they are claimining I do not need to go for the stamping as i have valid i94. I will just have to go out and come back with new petition. is it correct?

    I know there are so many 20s in my post that I should declare 20 as my unlucky number already. Kidding.

    Please help with the questions. Appreciations already for leaving a helpful comment.

    Thanks in advance

  • #2
    Messed up H1. Seeking sincere suggestions

    I am sorry to hear your situation and this is again a classic example of joining the new employer without approval notice. I sincerely wish you to come out of this situation as early as possible and I am sure you will.

    1. You are not illegal however Yes, you are out of status as you are not on any payroll as of now.

    2. To my knowledge, You are out of status from the day when you left your company A since Jan 20th however you can try to justify yourself that you were on status when you applied for the transfer petition B.

    3. Yes, You don't have to go for stamping as you have a valid stamping until June 2015 and you can return back to the country with the new approved Company C petition and the existing stamping on the passport. Make sure C is applying in premium mode.

    Now the challenge is to get company C petition approval as you are not on valid status when you have applied for the C transfer. Its a high time now that you need to have a strong attorney on your side to justify yourself with all the clear explanation. Try to get opinion from other attorneys and fight till you get the approval. I will not suggest you to leave the country as all the damage has done already. Personally I feel its very difficult to correct this situation when you are not in the country. My best wishes to you and pls do not waste any more time.

    This is my personal opinion and I am not an Immigration expert.

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