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Thread: My I-94 was/is valid till Oct 2019

  1. #1

    My I-94 was/is valid till Oct 2019

    My I-94 was/is valid till Oct 2019 with Emp A. Emp B filed H1B Transfer under Regular Process & I started working based on "Receipt" starting July 2018. In August got a RFE which Attorney responded to in Nov 2017 On 14 July 2018 I saw USCIS website that the case was Denied. Attorney said Physical copy not in hand yet and upon receipt I will need to stop working for Emp B and leave USA ASAP. Emp B planning to start new H1B petition under Consular Process with Premium Process. I confirmed that the old Emp A has not revoked my H1B.

    Questions:
    1. I believe I cannot go back & work with Emp A because there's gap of about 5 months in payroll. Is that right? If no, what's the option?

    2. Do I get the 60 days Grace Period staring date of H1B Transfer Denial for Emp B?

    --- (a) If yes, then do I really need to leave the country?

    --- (b) If no, is that because I was working with Emp B based on Receipt?

    3. If I do get 60 days Grace Period then can I start working again as soon as I get Receipt of new H1B petition or do I have to wait till the Approval.

    4. While I am staying out of USA can I continue to work for Employer B and get paid here in USA?

    5. Now i have job offer from EMp C, waiting for joining date. Totally confused, need really good suggestions here. Thank you in advance

  2. #2
    Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/posts/2213623695321654 19th June - Please review comments from other users

  3. #3
    Quote Originally Posted by DesiOPT-FaceBook-Admin View Post
    My I-94 was/is valid till Oct 2019 with Emp A. Emp B filed H1B Transfer under Regular Process & I started working based on "Receipt" starting July 2018. In August got a RFE which Attorney responded to in Nov 2017 On 14 July 2018 I saw USCIS website that the case was Denied. Attorney said Physical copy not in hand yet and upon receipt I will need to stop working for Emp B and leave USA ASAP. Emp B planning to start new H1B petition under Consular Process with Premium Process. I confirmed that the old Emp A has not revoked my H1B.

    Questions:
    1. I believe I cannot go back & work with Emp A because there's gap of about 5 months in payroll. Is that right? If no, what's the option?

    2. Do I get the 60 days Grace Period staring date of H1B Transfer Denial for Emp B?

    --- (a) If yes, then do I really need to leave the country?

    --- (b) If no, is that because I was working with Emp B based on Receipt?

    3. If I do get 60 days Grace Period then can I start working again as soon as I get Receipt of new H1B petition or do I have to wait till the Approval.

    4. While I am staying out of USA can I continue to work for Employer B and get paid here in USA?

    5. Now i have job offer from EMp C, waiting for joining date. Totally confused, need really good suggestions here. Thank you in advance
    1. I believe I cannot go back & work with Emp A because there's gap of about 5 months in payroll. Is that right? If no, what's the option?

    Nope you cannot work

    2. Do I get the 60 days Grace Period staring date of H1B Transfer Denial for Emp B? No you wont get 60 days

    --- (a) If yes, then do I really need to leave the country? Yes you have to leave country immediately as you are out of status.

    --- (b) If no, is that because I was working with Emp B based on Receipt?

    3. If I do get 60 days Grace Period then can I start working again as soon as I get Receipt of new H1B petition or do I have to wait till the Approval.

    You will not get 60 days as your h1b has been denied.

    4. While I am staying out of USA can I continue to work for Employer B and get paid here in USA?

    No you cannot. You will be trouble if they run payroll when you are out of status.

    5. Now i have job offer from EMp C, waiting for joining date. Totally confused, need really good suggestions here. Thank you in advance

    My opinion is you file a fresh h1b with premium and consular processing. Leave US as soon as you get a copy of denial and attend consular processing in home country with new h1b.

  4. #4
    Please Verify your dates and repost the Question

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