Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 Extension denied - Employer-Employee issue, please help

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 Extension denied - Employer-Employee issue, please help

    Company A - I94 expired on Sept 2009, filed H1 ext before it expired and this application is still in "Initial Review" status. Note: 240 days have passed

    Company B - Claimed to have aquired Company A and its resources so it start getting approvals, received an RFE and got denied on June 18

    Now the situation is I still have the application from Company A still under "Initial Review" though it obviously has gone past 240 days. And Company B who applied for my transfer from A got its H1 ext application denied.

    So what are my options now? And this is my understanding and please feel free to correct me.

    * I can stay in US since the H1 ext application from Company A is still not denied
    * I cannot work legally


    Now can I apply through Company C for my H1 extension and once I get a receipt number can I start working legally?

  • #2
    * I can stay in US since the H1 ext application from Company A is still not denied
    >>> You cannot. Because Company A doesn't exist any longer.

    * I cannot work legally
    >>> That is correct. You presence in U.S is illegal now since the I-94 expiry date. Your company attorney should have taken an Info-pass appointment with USCIS to check the status of your petition when it went past 90 days. It is too late now as the company doesn't exist any longer.

    Now can I apply through Company C for my H1 extension and once I get a receipt number can I start working legally?
    >>> You can give it a try. The chances are very less. Read about bridging in the forum. Since the initial petition is still pending, you can ask company C to apply a transfer with the information with the petition filed by company A (as a bridge). You will need to provide them the information about that I-129. The transfer need to be filed in premium process. If the petition from Company C should get approved before the petition from Company A gets rejected (which will break the bridge).
    Last edited by shervin143; 06-20-2010, 12:17 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Shervin - Thank you. I think the only saving grace right now is that I think Company A still exists so I am hoping I can stay here legally.

      Comment


      • #4
        But you said that Company A is been merged with company B. I am not sure how Company A exist any longer. Anyhow, if your petition with Company A gets denied, then your stay past the I-94 expiry will be considered illegal. YOu will end up having to mention your illegal stay in all your future visa application and it will be in the hands on the VO to decide whether to grant you visa or not. For staying illegal for more than 6 months you could get up to 3 year ban. If you stay illegally for more than 12 months, then you could get up to 10 years of automatic ban. So plan accordingly.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X