radhika88 Posted October 23, 2014 Report Share Posted October 23, 2014 Hello Everyone, Any insights on my case would be really helpful. My I-94 expried on Sept 30, 2014. My Consulting company filed for my H1B Extension on Sept 7th 2014, got RFE on Oct 7th and it got denied on Oct 20th, 2014 after RFE submission. During this process, my contract ended with client and I was out of job. What are my options to stay in status? If i get a new job, can my employer file for a new LCA when I am still out of status? My husband in on OPT, can I transfer to F2 dependent as well if I can't file for a new LCA? Any information will be very helpful. Thank You! Link to comment
jairichi Posted October 23, 2014 Report Share Posted October 23, 2014 What was RFE about? You are not just out of status. You are accruing illegal presence in US. It might be that even if you file a COS it might de denied. Exit and enter with a valid F2 visa. Link to comment
JoeF Posted October 23, 2014 Report Share Posted October 23, 2014 You aren't out of a job, you are out of a project, i.e., on bench. Are you getting paid? And at this point, a COS nor an H1 extension would be approved since you are out of status. With an expired I-94, you accrue time towards a ban. You need to leave the country, and you could come back with an F2 visa if your spouse is on F1. Link to comment
rahul412 Posted October 23, 2014 Report Share Posted October 23, 2014 Hello Everyone, Any insights on my case would be really helpful. My I-94 expried on Sept 30, 2014. My Consulting company filed for my H1B Extension on Sept 7th 2014, got RFE on Oct 7th and it got denied on Oct 20th, 2014 after RFE submission. During this process, my contract ended with client and I was out of job. What are my options to stay in status? If i get a new job, can my employer file for a new LCA when I am still out of status? My husband in on OPT, can I transfer to F2 dependent as well if I can't file for a new LCA? Any information will be very helpful. Thank You! Since your I94 expired and your ext was denied file COS to B2 ASAP. Next time when you file your H1 find a full time employer, not a consulting firm. Link to comment
jairichi Posted October 23, 2014 Report Share Posted October 23, 2014 Since your I94 expired and your ext was denied file COS to B2 ASAP. Next time when you file your H1 find a full time employer, not a consulting firm. I believe OP will not be able to file a COS as I94 has expired long back. Link to comment
rahul412 Posted October 23, 2014 Report Share Posted October 23, 2014 I believe OP will not be able to file a COS as I94 has expired long back. That's right. Link to comment
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