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Hello,
Kindly see the details of my situation below. Requesting senior members to respond to my query.
I am on H1B and my I-94 expired on May 23, 2009. My company had filed for an extension on March 23, 2009 (USCIS receipt date, California). I had signed up for automatic updates on the USCIS website for any case status changes.
On June 16, 2009 I received an update from the USCIS saying that an RFE was issued for my case on April 13. I contacted my company on the same day asking them about the details about the RFE. My company responded that they never received the package from USCIS regarding my RFE and that they had raised a service request at the USCIS service center.
On June 26, I received another update from the USCIS that my case has been denied and that the details are included in the denial notice.
Now that I am already past my I-94 expiration date, I understand that I have accumulated illegal stay since May 23, 2009.
Question: Can my company appeal the denial notice saying that they never received the RFE notice in the first place by filing a Motion to Reopen (MTR) my case.
Question: Reading through other posts, looks like there is conflicting information as to when I should leave the US. Immediately or within a 30 day window.
Question: Also, if my company files an MTR, am I required to stay in the US or can I leave during the appeal period. I am not reporting to work starting Monday because of this denial.
Kindly request senior members to respond to this situation at your earliest convenience.
Thank you
Rajesh
Kindly see the details of my situation below. Requesting senior members to respond to my query.
I am on H1B and my I-94 expired on May 23, 2009. My company had filed for an extension on March 23, 2009 (USCIS receipt date, California). I had signed up for automatic updates on the USCIS website for any case status changes.
On June 16, 2009 I received an update from the USCIS saying that an RFE was issued for my case on April 13. I contacted my company on the same day asking them about the details about the RFE. My company responded that they never received the package from USCIS regarding my RFE and that they had raised a service request at the USCIS service center.
On June 26, I received another update from the USCIS that my case has been denied and that the details are included in the denial notice.
Now that I am already past my I-94 expiration date, I understand that I have accumulated illegal stay since May 23, 2009.
Question: Can my company appeal the denial notice saying that they never received the RFE notice in the first place by filing a Motion to Reopen (MTR) my case.
Question: Reading through other posts, looks like there is conflicting information as to when I should leave the US. Immediately or within a 30 day window.
Question: Also, if my company files an MTR, am I required to stay in the US or can I leave during the appeal period. I am not reporting to work starting Monday because of this denial.
Kindly request senior members to respond to this situation at your earliest convenience.
Thank you
Rajesh
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