H1B transfer denied, MTR is going on, but not out of state, what should be done now ?

[whoamih1b]

colleague of mine, originally got Visa validity with I91 upto june 2017. He is in US and working now. His H1B visa got denied during March 2016[Premium H1B transfer] during his job switch in the month of DEC-2015[ Its been 6 month now]. Because of lack of evidence it got denied. Now they applied for MTR with correct evidence which got accepted for another h1b transfer by the USCIS.


Questions ares

1. Could he continue working for the same company and client even after H1B denial notice just because of MTR in progress ?
2. Is he out of status [as per his old I91 validity was June 2017] ? ( old H1B must have revoked by the previous employer )
3. How long it will take for MTR result from USCIS ?
4. Can he initiate another H1B in Parallel from the same employer ?
5. Possibility of the MTR success ?
6. Is he staying Illegeal and working because, MTR apealed by April month. And he continues working ?


Please Help. Thanks.

[mindrd]

colleague of mine, originally got Visa validity with I91 upto june 2017. He is in US and working now. His H1B visa got denied during March 2016[Premium H1B transfer] during his job switch in the month of DEC-2015[ Its been 6 month now]. Because of lack of evidence it got denied. Now they applied for MTR with correct evidence which got accepted for another h1b transfer by the USCIS.


Questions ares

1. Could he continue working for the same company and client even after H1B denial notice just because of MTR in progress ?
2. Is he out of status [as per his old I91 validity was June 2017] ? ( old H1B must have revoked by the previous employer )
3. How long it will take for MTR result from USCIS ?
4. Can he initiate another H1B in Parallel from the same employer ?
5. Possibility of the MTR success ?
6. Is he staying Illegeal and working because, MTR apealed by April month. And he continues working ?

Please Help. Thanks.

1. As long as the Motion to Reconsider is granted, and not rejected, or denied, he is not accumulating unlawful presence and he is a period of authorized stay, pending the adjudication of his H1B extension. Also, it seems that he applied for a new employer, if he is still working for his old employer there is nothing to worry about, however, should USCIS deny the H1B, he should immediately go back and work for his previous employer.
2. Currently with the Motion to reconsider, he is in a period of authorized stay. Unless he goes back and work for his old company, then he is in a valid status and has lawful presence.
3. No idea, could take months or less.
4. Yes, however, the same employer should learn from what they messed up on before and improve their chances of getting an approval. However, if the prior petition is denied, and the beneficiary does not go back and work for the prior petition, then he may have to counselor process for not maintaining status.
5. Depends on the evidence submitted.
6. He is in a period of authorized stay and is able to work.

[idkn]

colleague of mine, originally got Visa validity with I91 upto june 2017. He is in US and working now. His H1B visa got denied during March 2016[Premium H1B transfer] during his job switch in the month of DEC-2015[ Its been 6 month now]. Because of lack of evidence it got denied. Now they applied for MTR with correct evidence which got accepted for another h1b transfer by the USCIS.


Questions ares

1. Could he continue working for the same company and client even after H1B denial notice just because of MTR in progress ?
2. Is he out of status [as per his old I91 validity was June 2017] ? ( old H1B must have revoked by the previous employer )
3. How long it will take for MTR result from USCIS ?
4. Can he initiate another H1B in Parallel from the same employer ?
5. Possibility of the MTR success ?
6. Is he staying Illegeal and working because, MTR apealed by April month. And he continues working ?


Please Help. Thanks.

So how about your motion, how did it worked out? any information about stay etc?