H1B Help

[raghuraj]

Hi Guys,

Just need some info .I got query on my H1B transfer and the attroney has send  the response for query and I am still waiting for update from USCIS. If the H1b is rejected in how many days can I apply for a new H1B. if some new company apply H1B do I need to leave country for stamping or can I stay and apply for New H1B again. I also have visiting and F2 Visa stamps still valid on my passport. I want to avoid stamping What can I do please suggest.

[livliv]

If transfer is denied and you have stopped working for the previous employer, then you will be out of status immediately. Any other employer must file before your last day at work (which is already past if you have stopped working for the previous employer). So, there is no grace period as such. If a third employer files, their petition will be approved without I-94. You will have to leave and return in that case.

 

You can also leave and reutrn using F2 Visa if your spouse is maintaining F1 status. Then while you are in legal status (F2) if some employer files H1B for you, they can get it approved with  change of status. You can start working for them after approval.

[raghuraj]

So If my current H1B is rejected in how many days the thrid employer can file the H1B..  what will be my status..

 

Yes my wife is still maintaining F1 status.. she is currently working for a X company on her OPT.. I just want to avoid stamping.. Please suggest...

[livliv]

If you have stopped working, you are out of status. No matter which employer applies for you, they will not get approval with I-94. So there is no way to avoid leaving and returning.

 

If the H1B Visa in your passport is still valid, you can use the same. Otherwise, you will have to apply for it again.