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H1B approved but extension denied

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  • H1B approved but extension denied

    hi my name is bhavesh i was working with company A on h1b visa on august 2nd 2011 company A got in trouble and i was told to finish project so was working till august 19th 2011, but i got las pay on july 22nd 2011 i applied for H1b b transfer with company B, i submited all document on august 6th and lawyer apply for LCA on august 18th 2011, first LCA denied for unmatch FEIN no so he applied again second LCA was applied on august 24th 2011, he prepared all document for H1b transfer and application received by uscis on 14th sept 2011, got RFE on dec 14th 2011 about non payroll between august and sept he replied without explaining RFE that i had to finish company A project till end of august without paycheck and thats not true i was told i will get pay unfortunately i didn't get paycheck, lawyer reply on RFE and on january 27nd 2012 got H1B approval with denied extension of stay, letter state that i have to go mumbai and get new I94 meanwhile my wife was on L1a visa and she applied for L1a extension with I485, I313, I765 and I140 on august end and uscis received on sept 1st she applied for herself and for me so i had valid status from sept first, rightnow i have EAD card (was approved on nov 18th 2011) based on I485 pending from her L1a visa, i got offer letter for job from company B on august 6th and i submited all document for h1 transfer on august 8th and started work on august 22nd, but lawyer was told my company B he will file H1b visa and will have receipt notice end of august so he didnt generate payroll untill i got receipt notice on sept 14th now he owe me hours i work and he is ready to generate backdated payroll for me from august 19th but i dont have way to get letter from company A that he told me to contiue working till project finish, it was phone conversation, what should i do
    1, file motion reconsideration based on company A told me to continue work and he will pay for that and company B generate backdated paycheck with letter outline same why they have to generate backdated paycheck
    2, continue on my EAD and apply for L2 visa (file I539 change of status) but doing that what if they ask same question again
    3, go back to india and get stamped on company B h1b visa approval or company A I94 is active till oct 2013 can i come back frim POE with that I94,
    i dont know if i have a EAD means i am ligelly stay in usa as long as my EAD is on active status or i maintained my AOS from EAD, please reply me about my situation ASAP i was thinking file motion of reconsideration based on fact that company A was told me to continue work and company B provide me backdated paycheck but what are the chances to get I94
    or what are the chances for getting I94 from mumbai advice me what should i do
    0
    should i go for motion reconsideration
    0%
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    or continue on EAD
    0%
    0

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