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H1 transfer -- urgent help

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  • H1 transfer -- urgent help

    I got my H1 visa in 2007 Sep at chennai embassy, and came to us in Jan 2008. I applied for H1 transfer to company B and company A cancelled my old H1. My H1 transfer got denied due to invalid LCA, my lawyer did include my client address in LCA. So I couldn't appeal the denied H1, applied for a new H1.
    1)If I get my H1 approved, should I go out of county, get the visa at US embassy and come back? or can I stay?
    2)My H1 denied on 21 Dec 2009 and applied new H1 - PP on 05 Jan 2010 , I am still waiting for the approval, what is my status now?

  • #2
    Answers below.

    Originally posted by rajaforum View Post
    I got my H1 visa in 2007 Sep at chennai embassy, and came to us in Jan 2008. I applied for H1 transfer to company B and company A cancelled my old H1. My H1 transfer got denied due to invalid LCA, my lawyer did include my client address in LCA. So I couldn't appeal the denied H1, applied for a new H1.


    1)If I get my H1 approved, should I go out of county, get the visa at US embassy and come back? or can I stay?

    >>> It depends on whether the approval comes with COS (I-797A with new I-94) or consular process (I-797B). If it is I-797B, then you need to get it stamped and re-enter.

    2)My H1 denied on 21 Dec 2009 and applied new H1 - PP on 05 Jan 2010 , I am still waiting for the approval, what is my status now?

    >>> You are out of status. If your H1B is approved, it wouldn't be a COS.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      how long I can stay after getting the approval notice, I have the current I-94 valid till Sep 2010, but the old H1 has been cancelled.
      Last edited by rajaforum; 01-07-2010, 09:57 PM.

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      • #4
        You need to leave immediately if it is a consular processing. You are already out of status. The longer you continue to be OOS, you will have issues with visa stamping/ H1b renewal in future. Since your current H1B is denied and the chances of a successful COS is very less (since you are out of status when you applied for the H1B), you should leave now. Once you get the approval, get it stamped and re-enter U.S.

        Originally posted by rajaforum View Post
        how long I can stay after getting the approval notice, I have the current I-94 valid till Sep 2010, but the old H1 has been cancelled.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          My H1 got approved with COS, but only for 1 year

          Originally posted by shervin143 View Post
          You need to leave immediately if it is a consular processing. You are already out of status. The longer you continue to be OOS, you will have issues with visa stamping/ H1b renewal in future. Since your current H1B is denied and the chances of a successful COS is very less (since you are out of status when you applied for the H1B), you should leave now. Once you get the approval, get it stamped and re-enter U.S.

          Comment

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