H1 B denied and appeal /MTR

[rathnan]

Hi,

Actually My husband had applied for H1 transfer and extension. It got denied and his Employer is going to appeal (MTR) for the denial.

Now We have to leave to India on Jan'2012.

I would appreciate if you could answer the following questions.

1. What will be the processing time for appeal. Will we come to know the processing time once appeal has been made. (You had mention in your case as 14 months, how you came to know)


2. Can we travel to India and come back once MTR is in process.
If so, what will be option.

3. Do we get new Receipt number once MTR is been filed?

Once again I appreciate your response in this regard.

[kabkaba]

Which employer is he working for right now? When does his previous employer's I-94 expire? Are you in dependent status? When does your I-94 expire?

[rathnan]

He s working for new Employer and both our I-94 expires Jan '2012 (previous Employer's I-94)

[kabkaba]

After denial, he is out of status. You have 2 options. 1. Leave the country and wait for the result of the appeal or 2. If previous employer has not withdrawn their petition and is willing to accept, your husband can immediately join them to maintain status.
You can consult an experienced immigration attorney of your own. Appeal does not give him or you any legal status.