H1B Denial applied for Transfer

[chinna_srinu_sri]

Hi All,

I completed my 3 and half years of H1 and last year my I-94 expired. I have applied for extension and got an RFE after 320 Days. Responded to RFE and at last i got denial notice. My company is not willing to fight on my case by Motion to Reopen.

After passing 20 Days of Denial I applied for a H1 Transfer in Premium Process. Yesterday I got receipt No.

My Questions are:

1) Do i need to leave US with in 30days?

2) Can I stay in US with this receipt No?

3) What are the chances of getting approved?

4) Can i get married to my girl friend in US and change to H4 (She is on her H1 Now)?

[shervin143]

1) Do i need to leave US with in 30days?
>>> You have already accumulated 320 days of illegal stay. You should consult a good immigration attorney. Any time spent in U.s after the I-94 expiry date will be treated as illegal stay.

2) Can I stay in US with this receipt No?
>>> Not advisable. You have already accumulated a lot of illegal stay. You could get an automatic ban of upto 10 years for staying illegally for more than 365 days and upto 3 years for staying illegally for more than 180 days.

3) What are the chances of getting approved?
>>> Very slim. Even if approved, the approval will come without an associated I-94 (consular process).

4) Can i get married to my girl friend in US and change to H4 (She is on her H1 Now)?
>>> The COS to H4 might not get approved because of your illegal presence.

[chinna_srinu_sri]

Thanks for your quick response.

But I was waiting for USCIS response on my case. And in between our attorney send a request for an update on my case. USCIS replied saying they are still checking my case.

Is the USCIS delay is also considered as illegal stay?

Can you suggest me any best option in this situation?

How can I come back to US?

[shervin143]

That is why USCIS gives you 6 months before the I-94 expiry date to file the extension. Filing the extension late is the first mistake. Instead of waiting for more than 320 days, you should have upgraded the case to premium and got the result within 15 days. Anytime spend in U.S after the last I-94 expiry date will be considered as illegal stay if the extension gets denied later.

Unfortunately, the forum members cannot be of any help in your case. You need to leave the country immediately to avoid more issues and you should consult an good immigration attorney asap.

Thanks for your quick response.

But I was waiting for USCIS response on my case. And in between our attorney send a request for an update on my case. USCIS replied saying they are still checking my case.

Is the USCIS delay is also considered as illegal stay?

Can you suggest me any best option in this situation?

How can I come back to US?