H1 transfer denied - Please help

[h1transferdenied]

Hi
I was working with company A . Meanwhile in JAN 2008 got an offer from company B and started working with B with the reciept number.
Now after 4.5 months the transfer application is denied.
My I94 with A is valid till SEP 2008.

I understand that I am out of status right now.
My doubt is am I counted out of status from the day I started working for Company B (JAN 2008 ) or from the day the transfer to B was denied. (MAY 2008 )

Please help with your valuable inputs.

[txh1b]

From denial date. You can still work for the old company if they have not revoked the H1b.

[h1transferdenied]

thanks Txh1b

Thanks txh1b for your reply...

Now i would like to take some more advise from you.
I am in a very difficuilt situation.

Company A does not want to employ me again. so that option is not on for me.

On my family front, my wife is due in couple of weeks (she is on H4), so we wont be able to travel back to india right now.
It will be atleast 2 months before we can travel to India(since we have to get the birth certificate , passport etc for the baby)

Will Staying out of status here for 2-3 months be a problem for me when i try to come back later on a new petition..?
Can i contact USCIS people and explain them the situation to get some relaxation.

Please help with your valuable advice.

[txh1b]

Apply for a b1/b2. As you are currently out of status, that will not work as a COS. Is your I-94 still valid? If so, it might work. Talk to an attorney.

Why was the H1b denied? Is there chance for a MTR/appeal?

[h1transferdenied]

My I 94 is valid till SEP 2008. Also I have a valid B1 /B2 visa.

transfer was denied because of incorrect LCA and some other financial reasons with the employer. I dont think there are enough chances for an MTR to go through.

[h1transferdenied]

what I am concerned about more is my possible GC or other visa stamping in the future.
will this issue have a negative impact on my future stampings..?

[h1transferdenied]

txh1b, others can u please give ur inputs....

txhib, others can u please give ur inputs.
Thanks for your help.

[DMX17]

Since you have a B1/B2 (I assume B2 visitor), you can go out of the U.S. and come back on B2. Go canada/mexico if you want.

[h1transferdenied]

Thanks DMX17

I have B2 but I have another family situation which would not allow me to travel anywhere right now.


my wife is due in couple of weeks (she is on H4), so we wont be able to travel right now.
It will be atleast 2 months before we can travel to India(since we have to get the birth certificate , passport etc for the baby)


So if i stay here for another 2-3 months, - may be out of status -
would i be having issues with my future GC processing and other visa stampings?

I know there would be issues, but would that be an out right denial ?

[txh1b]

Look into 245(k) rule.

[C4us]

You have another problem that you have not mentioned - your health insurance for the delivery. If your employment has been terminated, you need to look into Cobra, if applicable to your last employer.

[h1transferdenied]

thanks C4US

Thanks .
I am taking care of the insurance part by opting COBRA.