H1 transfer denied after RFE

[indeepshit]

Friends,
Please help me with this:
I was working on a H1 cap exempt visa before from company A. I moved to a different city to be with my partner after filing for H1 cap exempt transfer with a new company B with the receipt. I have been working here for the past almost 5 months, and now the visa has been denied. The reason it took so long was that USCIS asked for some RFE and then they were not satisfied and I got denied now. I took a job offer from company C (after I found out about that USCIS has asked for a RFE and I might not be safe) and they have also filed for a transfer the result of which is pending. I do have a offer from company D but I havent told them anything yet.

1. Is visa application from company C still valid with my company B visa denial?
2. What is my illegal stay duration? Am I illegal in USA from now on or from the day I left company A and joined company B?
3. Do I have to go to home country?
4. I am pregnant and I am due in end August? Is it possible for me to stay in US until then?
Please help me I am really panicking
Thanks a lot.

[raghvi]

Friends,
Please help me with this:
I was working on a H1 cap exempt visa before from company A. I moved to a different city to be with my partner after filing for H1 cap exempt transfer with a new company B with the receipt. I have been working here for the past almost 5 months, and now the visa has been denied. The reason it took so long was that USCIS asked for some RFE and then they were not satisfied and I got denied now. I took a job offer from company C (after I found out about that USCIS has asked for a RFE and I might not be safe) and they have also filed for a transfer the result of which is pending. I do have a offer from company D but I havent told them anything yet.

1. Is visa application from company C still valid with my company B visa denial?
2. What is my illegal stay duration? Am I illegal in USA from now on or from the day I left company A and joined company B?
3. Do I have to go to home country?
4. I am pregnant and I am due in end August? Is it possible for me to stay in US until then?
Please help me I am really panicking
Thanks a lot.

It wasnt a wise decision to move to B without first securing USCIS approval. And not filing B's petition under premium was the second mistake. What about your husband whats his status?
1. I dont think so. With B's denial it pretty much puts you out of status from the day you last got paid by A.
2. Pretty much from the last pay day of A.
3. Seems most likely the only option remaining.
4. Pregnancy us not a valid reason to overstay. if medically not advisable to travel, then plan to leave as soon as delivery is over with and just hope you meet a lenient officer when you go for future stamping/ GC processing.

This is my opinion not legal advice.

[inadmissible]

Congratulations on the baby!

Has employer A revoked your petition?

What were the RFE requests and what were the grounds of denial?

[indeepshit]

Congratulations on the baby!

Has employer A revoked your petition?

What were the RFE requests and what were the grounds of denial?

1. I donot know if my employer A has revoked my H1 petition, I hope not. Is there any way to find out without asking them?
2. I just spoke to lawyer of company C and she said I can remain in US since my company C petition is pending and I have a valid I94 from company A which expires only July 2016. Is that correct? She even said I dont have any unlawfu presence because of the same unexpired I94.

[raghvi]

1. I donot know if my employer A has revoked my H1 petition, I hope not. Is there any way to find out without asking them?
2. I just spoke to lawyer of company C and she said I can remain in US since my company C petition is pending and I have a valid I94 from company A which expires only July 2016. Is that correct? She even said I dont have any unlawfu presence because of the same unexpired I94.

1. Even if A hasnt revoked their petition you are out of status since you are not working for them.
2. You may not be illegal but you are out of status. C's petition would eventually get denied as the bridge between A and C (B's petition) has been broken since B's petition is denied.

This is my opinion not legal advice.

[indeepshit]

1. Even if A hasnt revoked their petition you are out of status since you are not working for them.
2. You may not be illegal but you are out of status. C's petition would eventually get denied as the bridge between A and C (B's petition) has been broken since B's petition is denied.

This is my opinion not legal advice.

Are you a lawyer? Because my lawyer is telling me totally different things. I dont know what to do.

[raghvi]

Are you a lawyer? Because my lawyer is telling me totally different things. I dont know what to do.

What I meant was C's petition as such may still get approved based upon its merit but I doubt it will come with a new I-94, which will eventually require you to go out of US and re enter on a valid H1 visa.

This is my opinion not legal advice.

[indeepshit]

What I meant was C's petition as such may still get approved based upon its merit but I doubt it will come with a new I-94, which will eventually require you to go out of US and re enter on a valid H1 visa.

This is my opinion not legal advice.

Yeah that is what my lawyer said. Thanks for clarification.
1. Can I go ahead and sign a new job employer D and ask them to also file for my H1 in case the application by employer C also gets denied?
2. So am I in status still or not. I have a current I94 from employer A which expires July 2016.

[raghvi]

Yeah that is what my lawyer said. Thanks for clarification.
1. Can I go ahead and sign a new job employer D and ask them to also file for my H1 in case the application by employer C also gets denied?
2. So am I in status still or not. I have a current I94 from employer A which expires July 2016.

1. You can but I dont see how that will help you get back into status.
2. In my opinion you are out of status. For being in status one needs a valid I797, paystub and I-94 all from the same employer. With A you have a valid I797, and I-94, but no pay stubs of A, with B you have valid paystubs but no approved I797 or I-94. With C you dont have any of these, even if you already working for C you dont have a valid I797 and I-94 with them.

This is my opinion not legal advice.

[vish_h1_gc]

going through the exact same issue

Hi indeepshit,

I am going through the exact same issue. is there a way we can reach out to each other and exchange notes?

Regards,
Vishal