CASE TITLE : H1 Extension filed is denied and I94 has expired

[Sureshdkannan]

Hi  , I am  in critical situation and need Advice 

I have the details and the corresponding Questions I have listed down

 

Current H1B Status:-

 

1.      Total of 3 years and  5 months completed in H1

2.      Extension Filed and Got RFE on 10/20/2015

3.      I – 94  expired on 10/15/2015

4.      Extension Denied on 11/07/2015         (Denial Notice mail not yet received)

 

GC / I-140 Status:-

 

1.     I-140 approved  for current employer   - Priority date of Nov 2013

 

 

Questions and Clarification I have

 

1.      Can my Employer still file for a new H1 using my Approved I140 and what will be the process to do so?

2.      Do my current employer needs to layoff me?

3.      Can I keep working for my current employer /Project till my employer’s attorney gets the Denial notice mail from USCIS? 

4.      Can I travel to India and keep working from India remotely on the same project till the issue is resolved?

5.      I have enough vacation balances, Can I be on vacation for 2 months in India till this issue gets resolved and keep the payroll moving with the current employer?

6.      How long can I stay in US after is see the Denial status in USCIS SITE, Will that be mentioned in Denial notice that is expected in mail?

7.      Can any other Employer file for a new H1 using my current employers Approved I140 ,If so Will this be cap exempt and can be done any time of the year ?

8.      Can multiple employers file for the H1 at the same time and all happening in premium processing, will this have any negative impacts?

9.      What will all be the documents required by the new employers to file H1 in cap exempt?

10.  Do we need to provide the past i94 details and I797 details for which the extension was denied?

11.  Will the Uscis Adjudicating Officers will be knowing about the last denied petition while reviewing the new H1 File?

12.  Do we need to handle the earlier denial reasons and evidences in the new filing or is the new filing not associated in any way to the old Denied case and is completely new?

13.  Will there be Questions related to the current extension denial during Visa interview in US consulate in India or at the Port of entry while entering the US again?

14.  Will the 2 to 3 weeks of Out of status in US will have impact on the new H1 Filings or Consulate Visa Interview in India and How to handle this?

15.  Will the current Out of stay cause issues during port of entry while entering again to US again and how to handle this?

[jairichi]

1. Why do you think USCIS will approved that petition this time filed by same employer?

2. With no H1B you are already out of status.

3. You need to stop working right away.

4. Yes.

5. You do not have an approved H1B and so being paid has no role here.

6. Zero days.

7. It will be cap exempt and any time of the year. But, it will be approved without I94.

8. Yes, no issue.

9. Copy of your approved I-140.

10. Yes.

11. Yes, for sure.

12. As I said before your new H1B if approved will be without I94.

13. Possible during interview.

14. It will be consular processing.

15. You are fine.