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About MuruganH1B

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  1. Hai Murthy Forum, Came to US to work for company A on H1B with visa & I-94 valid till sep 2012. later started working for company B on receipt notice. It is almost 3 months I have been working on Company B on receipt notice and the decision is still pending. Note: entered USA and never worked for Company A. Last week I had company C initiate a H1B transfer cum extension in premium processing using the Company A approval. I get the Company C approval without the I-94. My question is since my Company A visa is valid till Sep 2012, can I just go out of the country and re-enter with the same visa using the Company C approved petition? or do I need to attend the consulate for the visa? Please advice. Thank you.
  2. MuruganH1B

    H1B Transfer Denial - please advice

    Hi wiweq: Thanks for you reply. => Just paystubs are not enough for H1b approval. Because your H1b is denied and you are logged as out of status in USCIS system, your H1b extension/ approval, COS won't approve. Based on the above inputs, if I am back to Company A and working for him, and Company A applies for my extension after couple of months, even then my H1B extension won't approve? If I can get approval being with Company A, just to understand, how is that approach different from company C applying without going back to Company A? Please advise. By the way regarding the denial reason, it is an 8 page document, as I said in my previous post it is complete documentation nightmare. The documentation submitted by company B did not satisfy for many parameters and thus the denial decision.
  3. MuruganH1B

    H1B Transfer Denial - please advice

    Hai members, The payslips I received through Company B for the period I worked before denial, are they valid and eligible for a new petition through company C? Thank you.
  4. MuruganH1B

    H1B Transfer Denial - please advice

    Dear Member wiweq: Thank you for your reply and advice. Received the notice and after looking at the document it looks like it is pure documentation nightmare. Having worked on receipt notice and the payroll run for 2 months, With the petition denied, Am I still the employee of Company B?(Since I signed the offer letter). Is my offer and employment with Company B valid/active? Since, I signed the offer letter, do I need to formally send a resignation. Normally companies add terms and condition statements (i.e. non solicitation) in the offer letters for business reasons to protect their business opportunities. stuff like not joining directly the vendor, customer etc. Do such statements as part of the offer letter, are they valid since the petition is denied? am I having any contractual commitments with company B after the denial? The reason I am asking this because, Can we link Company A to the vendor of the client for the project. Thank you.
  5. Dear MurthyForum, Entered US to work for company A on H1B with visa & I-94 valid till sep 2012. later got a good offer from Company B and they initiated a H1B transfer cum extension. started work for Company B's client on receipt notice. RFE received and was responded. three days back the status shows, there has been a denial decision on the transfer case and yet to receive the reason. question 1: What is my curent status? (I-94 valid but currently not with company A and company A has not revoked). Am I out of status? Searching the forum, I understand that if your I-94 is expired and CIS denies your transfer/extension petition, the individual is out of status immediately. Searching the forum, I also understand that if the individual goes back to company A when the I-94 is valid, he will not be out of status. Please corrrect me if my understanding is wrong. And now my question is, if we have a valid I-94, and transfer petition is denied, in how many days the person goes out of status (i.e. from denial of a transfer petition) if he is not going back to company A. question 2: Is valid I-94 an "in status"? or they both different? can anyone please explain? question 3: Based on the reasons in the denial decision Company B is telling either they will do a MTR or file a new petition. Not to take any chances, found Company C who is willing to file a H1B transfer for the same position. Is it ok for two companies (i.e. company B & C) filing petitions simultaneously for the same position? Is this possible? question 4: If the Company B receives denial notice and responds immediately by applying with a new petition or MTR, can the individual continue work with the Company B's client on the new receipt notice? Experts , Attorney please respond. Your advice would be of great help to get me out of this. Thank you.