concern about my H1 ext and transfer

[cpp456]

Hi,

I have some concern about my H1B extension and transfer.

I am working with Company A (Consultancy) , my first H1 and I-94 expire on 10th sep 2010 and Company A filled my H1 extension in July 2010 with all documents(client letter etc) .
I got another offer from Company B for full time position and they are applying for H1 transfer.

1. Will my stay legal after my I-94 expires? Do I have to do anything?
2. Will it be any issue as my extension and H1 transfer applied by different employer in same period?
3. Is there any chance to get my H1 extension and H1 transfer approved with corresponding employers?

Many thanks in advance.

-Ravi

[shervin143]

1. Will my stay legal after my I-94 expires? Do I have to do anything?
>>> Yes. If the petition gets approved, then you are good. If it is denied, then your stay past the I-94 expiry date will be considered illegal.

2. Will it be any issue as my extension and H1 transfer applied by different employer in same period?
>>> No issues.

3. Is there any chance to get my H1 extension and H1 transfer approved with corresponding employers?
>>> It dependes on the documents submitted, the reputation of th employers and your past immigration records.

[cpp456]

Thanks for help.

[cpp456]

another concern about my H1 ext and transfer

I am working with Company A (Consultancy) , my first H1 and I-94 expire on 10th sep 2010 and Company A filed my H1 extension in July 2010 with all documents(client letter etc) .
I got another offer from Company B for full time position and they applied for H1 transfer on 15 sept (my visa expired on 10th sept). I have to join company B on 1 Nov and I am still working with A.


1. Employer A is threatening saying that they will withdraw my H1 extension and cancel my visa. If they withdraw H1 extension and I join B based on B's receipt, will I be out of status?
2. If H1 extension( from A) gets denied, and I join employer B, will I be out of status?
3. Is my case comes in "bridge"?

Thanks in advance.

-Ravi

[shervin143]

1. Employer A is threatening saying that they will withdraw my H1 extension and cancel my visa. If they withdraw H1 extension and I join B based on B's receipt, will I be out of status?
>>> If Company B's transfer petition gets approved, then you are good. If it gets rejected, then your stay beyond your current I-94 expiry will be illegal. Company B petition need to get approved before Company A's petition gets denied or revoked (Assuming you applied the transfer as a bridge using the pending extension from Company A).

2. If H1 extension( from A) gets denied, and I join employer B, will I be out of status?
>>> Read the above answer. Company B's petition need to get approved before Company A's petition gets denied (I am assuming you filed the transfer as a bridge. If not, chances are that you are going to get approval without the I-94 and any time spent after the I-94 expiry date is illegal).

3. Is my case comes in "bridge"?
>>> Your case will fall under bridge, if it was applied as a bridge. Meaning, your transfer was applied based on the pending extension from Company A.

[txh1b]

I am working with Company A (Consultancy) , my first H1 and I-94 expire on 10th sep 2010 and Company A filed my H1 extension in July 2010 with all documents(client letter etc) .
I got another offer from Company B for full time position and they applied for H1 transfer on 15 sept (my visa expired on 10th sept). I have to join company B on 1 Nov and I am still working with A.


1. Employer A is threatening saying that they will withdraw my H1 extension and cancel my visa. If they withdraw H1 extension and I join B based on B's receipt, will I be out of status?
2. If H1 extension( from A) gets denied, and I join employer B, will I be out of status?
3. Is my case comes in "bridge"?

Thanks in advance.

-Ravi

1. I don't think you can join B based on the receipt notice as you were technically not maintaining a valid I-94 at the time of receipt of the transfer petition from B. There are case laws that I have posted on the forum in the past dealing with such situations. I don't have the time to dig into it now but you are welcome to look.
2. Yes. To be safe, you should obtain an approval from B before joining them. To be safest, travel and return with a new I-94 after getting approval from B.
3. Definitely.

[cpp456]

got h1 transfer approved but denial of stay

My current H1B expired with Company A (consultancy) and they filed for H1 extension (regular) which is pending. I am still working with them. Meanwhile I got another offer from reputed company B for full time and they filed H1 transfer and that got approved. But according to 797B, they denied my stay in US and I need to get H1B visa stamped and re-enter US.

USCIS has denied of my stay due to - "The benefìciary's current nonimmigrant status will expire prior to the starting date of the instant
petition's approved validity period."

They also mentioned - "(i) The delay was due to extaordinary circumstances beyond the control of the
applicant or petitioner, and the Service finds the delay commensurate with the circumstances;
(ii) The alien has not otherwise violated his or her nonimmigrant status;
(iii) The alien remains a bona fìde nonimmigrant; and
(iv) The alien is not the subject of deportarion proceedings under section 742 of rhe
Act þrior to April l, 1997) or removal proceedings under section 240 of the Act."

My questions:

1. Can I get H1B visa from US and then re-enter ? (I want to avoid going out of US as my visa is expired)
2. If I have to go out of US for stamping, which consulate will be nearer to New Jersey?
3. I am quite concern, if I go out of US and dont get H1B visa, will I have to leave for my home country, India?
4. Which option will be better, taking risk with Company B and going for visa or continue working with Company A? Pls give me suggestion,


Thanks

[cpp456]

got h1 transfer approved but denial of stay

My current H1B expired with Company A (consultancy) and they filed for H1 extension (regular) which is pending. I am still working with them. Meanwhile I got another offer from reputed company B for full time and they filed H1 transfer and that got approved. But according to 797B, they denied my stay in US and I need to get H1B visa stamped and re-enter US.

USCIS has denied of my stay due to - "The benefìciary's current nonimmigrant status will expire prior to the starting date of the instant
petition's approved validity period."

They also mentioned - "(i) The delay was due to extaordinary circumstances beyond the control of the
applicant or petitioner, and the Service finds the delay commensurate with the circumstances;
(ii) The alien has not otherwise violated his or her nonimmigrant status;
(iii) The alien remains a bona fìde nonimmigrant; and
(iv) The alien is not the subject of deportarion proceedings under section 742 of rhe
Act þrior to April l, 1997) or removal proceedings under section 240 of the Act."

My questions:

1. Can I get H1B visa from US and then re-enter ? (I want to avoid going out of US as my visa is expired)
2. If I have to go out of US for stamping, which consulate will be nearer to New Jersey?
3. I am quite concern, if I go out of US and dont get H1B visa, will I have to leave for my home country, India?
4. Which option will be better, taking risk with Company B and going for visa or continue working with Company A? Pls give me suggestion,


Thanks

[shervin143]

1. Can I get H1B visa from US and then re-enter ? (I want to avoid going out of US as my visa is expired)
>>> There will be no U.S consulate inside U.S. You have to step out of teh country and go to a U.S consulate to get the visa.

2. If I have to go out of US for stamping, which consulate will be nearer to New Jersey?
>>> Canada, Mexico.

3. I am quite concern, if I go out of US and dont get H1B visa, will I have to leave for my home country, India?
>>> Yes.

4. Which option will be better, taking risk with Company B and going for visa or continue working with Company A?
>>> That should be your choice. If your extension with company A was filed before the current I-94 expiry date, then if all documents are good, you will get the extension. If it is past 90 days after filing the extension with Company A, then you company attorney can take an info pass appointment to discuss your case with USCIS. Also, they can upgrade the processing to premium to get a result within 15 days.