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Hi,
I'm into a very strange situation, let me try to explain the sequence of events so that I can get appropriate advice or inputs.....
1. Previous company (A) went out of business and I had the visa stamp from previous employer till 11/18/09. My employment was over as of 3/29/09 with employer A.
2. I had new employer (B) filed I-129 along with I-539 for my Wife as of 3/16/09.
3. Got an RFE back to provide the details of Client PO etc... and this was answered on 6/3/09.
Even though I got the offer letter to join on 3/16/09 I had to delay my date of joining till 5/17/09 because of my newborn daughter's surgery schedule as she was born on 2/3/09 with multiple medical conditions....
So I got the approval from 6/4/09 to 6/3/10 for the new employer but with a Denial notice on 9/16/09 as below:
"It is ordered by the Director of the California Service Center, United States Citizenship and Immigration Services
(“USCIS”) that the extension of stay requested fox the beneficiary be denied for the following reason(s):
The petitioner filed Form 1-129, Petition for a Nonimmigrant Worker, for the beneficiary with a request for
extension of his or her nonimmigrant status as an H-I B alien performing services in a specialty occupation
Title 8, Code of Federal Regulations (“8 C.F.R.”) 214. 1(c)(4) states that:
An extension of stay may not be approved for an applicant who failed to
maintain the previously accorded status or where such status expired
before the application or petition was filed.,
The beneficiary’s prior H- lB status with (A) was valid from February 15, 2007 through
November 18, 2009 The current H-lB petition requesting a change of employer was submitted on March 16,
2009. In response to the request for initial evidence the beneficiary indicated that his employment with
(A) was terminated on March 28, 2009 The evidence also indicates that the new employer
(B) delayed the beneficiary’s employment start date until May 17, 2.009 as requested by the
beneficiary because of a family illness. Therefore, the beneficiary is out of HIB status between the end date
with his prior employer on March 28, 2009 and the start date with the new employer on May 17, 2009.
Therefore, the beneficiary is out ofHlB status as of March 29, 2009.
The beneficiary has failed to maintain his nonimmigrant status and is therefore ineligible for the requested
extension of stay Accordingly, the request for extension of stay is denied
Please note that the approved 1-129 petition for classification of the beneficiary as an H-i B nonimmigrant has been forwarded to the U S Consulate in Chennai, India as requested in Part 4 of the Form 1-129..
This decision leaves the beneficiary without lawful immigration status and he or she is theiefoie present in the
United States in violation of the law The beneficiary is required to depart the United States. Remaining in the
United States without authorization may affect his or her ability to return to the United States in the future.
"
Questions:
i) What are the available options for me?
ii) Can I go out to Mexico/Canada for visiting and re-enter to USA before my current I-94 expires (11/18/09) ?
iii) Or I must go to India and get the stamping done?
iv) If I was out of status then why would the petition be approved with New Employer till 6/3/10?
v) My wife I-539 also got denied as her extension of stay was based on me
vi) Do they consider my case as unlawful stay since 3/29/09 or the clock will start from 9/16/09 that date of Denial Notice?
vii)Can they reject my Visa Stamping even though I got the Approval Notice?
Can any one please review and let me know how can I proceed further?
Appreciate your help....
I'm into a very strange situation, let me try to explain the sequence of events so that I can get appropriate advice or inputs.....
1. Previous company (A) went out of business and I had the visa stamp from previous employer till 11/18/09. My employment was over as of 3/29/09 with employer A.
2. I had new employer (B) filed I-129 along with I-539 for my Wife as of 3/16/09.
3. Got an RFE back to provide the details of Client PO etc... and this was answered on 6/3/09.
Even though I got the offer letter to join on 3/16/09 I had to delay my date of joining till 5/17/09 because of my newborn daughter's surgery schedule as she was born on 2/3/09 with multiple medical conditions....
So I got the approval from 6/4/09 to 6/3/10 for the new employer but with a Denial notice on 9/16/09 as below:
"It is ordered by the Director of the California Service Center, United States Citizenship and Immigration Services
(“USCIS”) that the extension of stay requested fox the beneficiary be denied for the following reason(s):
The petitioner filed Form 1-129, Petition for a Nonimmigrant Worker, for the beneficiary with a request for
extension of his or her nonimmigrant status as an H-I B alien performing services in a specialty occupation
Title 8, Code of Federal Regulations (“8 C.F.R.”) 214. 1(c)(4) states that:
An extension of stay may not be approved for an applicant who failed to
maintain the previously accorded status or where such status expired
before the application or petition was filed.,
The beneficiary’s prior H- lB status with (A) was valid from February 15, 2007 through
November 18, 2009 The current H-lB petition requesting a change of employer was submitted on March 16,
2009. In response to the request for initial evidence the beneficiary indicated that his employment with
(A) was terminated on March 28, 2009 The evidence also indicates that the new employer
(B) delayed the beneficiary’s employment start date until May 17, 2.009 as requested by the
beneficiary because of a family illness. Therefore, the beneficiary is out of HIB status between the end date
with his prior employer on March 28, 2009 and the start date with the new employer on May 17, 2009.
Therefore, the beneficiary is out ofHlB status as of March 29, 2009.
The beneficiary has failed to maintain his nonimmigrant status and is therefore ineligible for the requested
extension of stay Accordingly, the request for extension of stay is denied
Please note that the approved 1-129 petition for classification of the beneficiary as an H-i B nonimmigrant has been forwarded to the U S Consulate in Chennai, India as requested in Part 4 of the Form 1-129..
This decision leaves the beneficiary without lawful immigration status and he or she is theiefoie present in the
United States in violation of the law The beneficiary is required to depart the United States. Remaining in the
United States without authorization may affect his or her ability to return to the United States in the future.
"
Questions:
i) What are the available options for me?
ii) Can I go out to Mexico/Canada for visiting and re-enter to USA before my current I-94 expires (11/18/09) ?
iii) Or I must go to India and get the stamping done?
iv) If I was out of status then why would the petition be approved with New Employer till 6/3/10?
v) My wife I-539 also got denied as her extension of stay was based on me
vi) Do they consider my case as unlawful stay since 3/29/09 or the clock will start from 9/16/09 that date of Denial Notice?
vii)Can they reject my Visa Stamping even though I got the Approval Notice?
Can any one please review and let me know how can I proceed further?
Appreciate your help....
