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Hi,
I took up my new job right after transfer receipt. A horrendous decision on my part because I received a RFE which then got denied. I am trying to see what I can salvage out of this. Have a few questions and want to understand what is the best I should at this stage?
Situation
1. I had an approved H1 petition from company A, whose I 94 was valid until May 2016 BUT I traveled a few months back and the new I 94 is expiring today July 3rd (as my passport was expiring on july 3rd, now I have a new passport).
2. I left company A on May 10th and joined company B on May 11th based on the H1B transfer receipt. My RFE got denied because the paperwork that was submitted, specifically the agreement has a manual cancel correct which they deemed as a "altered" document with a risk of being fraudulent. Thus stating the employer - employee relationship is incorrect. I can refurnish the document by changing that but won't help at this point as I have received the denial already. My lawyer received the fax but I have not received the actual denial notice in person.
My wife is pregnant and I am expecting a baby in August 2nd week.
Questions :
1. Am I unlawful in the US since May 11th or from the date I receive the physical receipt? what does this unlawful status mean to me?
2. My lawyer suggested to file another H1B in premium without asking for any kind of change of status or extension and once (& if) I receive an approve petition, travel to mexico for getting a new I-94. is this the best shot I have at this point without leaving the county? when I travel to mexico will I get a new I 94 based on the new petition (the officer there might notice that my I 94 expired on July 3rd? the H1 stamp on my passport is from my 1st company (company C) which is valid until Sept 30th 2015.
3. What happens if I continue unlawfully in the country until the delivery is done? i.e. until August 18th ish.. and then simply move back to India!! and then try coming back to the US probably next year.
4. Is it worth applying the motion? I know it takes 6 months to answer, but if approved do I have a chance that it will at least fix my status retro actively for future immigration purposes?
Appreciate any advice/ real life experience that you can provide.
Regards,
Vishal
I took up my new job right after transfer receipt. A horrendous decision on my part because I received a RFE which then got denied. I am trying to see what I can salvage out of this. Have a few questions and want to understand what is the best I should at this stage?
Situation
1. I had an approved H1 petition from company A, whose I 94 was valid until May 2016 BUT I traveled a few months back and the new I 94 is expiring today July 3rd (as my passport was expiring on july 3rd, now I have a new passport).
2. I left company A on May 10th and joined company B on May 11th based on the H1B transfer receipt. My RFE got denied because the paperwork that was submitted, specifically the agreement has a manual cancel correct which they deemed as a "altered" document with a risk of being fraudulent. Thus stating the employer - employee relationship is incorrect. I can refurnish the document by changing that but won't help at this point as I have received the denial already. My lawyer received the fax but I have not received the actual denial notice in person.
My wife is pregnant and I am expecting a baby in August 2nd week.
Questions :
1. Am I unlawful in the US since May 11th or from the date I receive the physical receipt? what does this unlawful status mean to me?
2. My lawyer suggested to file another H1B in premium without asking for any kind of change of status or extension and once (& if) I receive an approve petition, travel to mexico for getting a new I-94. is this the best shot I have at this point without leaving the county? when I travel to mexico will I get a new I 94 based on the new petition (the officer there might notice that my I 94 expired on July 3rd? the H1 stamp on my passport is from my 1st company (company C) which is valid until Sept 30th 2015.
3. What happens if I continue unlawfully in the country until the delivery is done? i.e. until August 18th ish.. and then simply move back to India!! and then try coming back to the US probably next year.
4. Is it worth applying the motion? I know it takes 6 months to answer, but if approved do I have a chance that it will at least fix my status retro actively for future immigration purposes?
Appreciate any advice/ real life experience that you can provide.
Regards,
Vishal
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