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VRJVNR

About unlawful Presence and Stay

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I have valid visa/I94 till 9/17/2017. 

- My employer filed the H1B extension on June-17 month itself and got RFE on level1 wages and after that it is denied on 2/14/2018.

- I got the deniel notice on 2/16/2018 which says clearly as it is denied due to level1 wages issues.

- My employer told me that he is gonna appling new petetion with level2 wages and he did applied it premium on 2/26/2018.

- Now it went RFE again on 3/5/2018 and askign for Justification on extension process. Still Attorney is confident that he is gonna answering that this is for H1B extension.

- RFE status received on 3/7/2018 and waiting for the result now.

Can anybody explain and advice me about this situation?  Attorney is strongly saying that it is gonna approved with I94 and you can continue to work. 

1. Can i wait for status and leave the country based on the decesion? 
2. how to face unlawful presence & Out of status  ?
3. Is this way of filling the premium is correct ?

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Are you still in US and working? You should stop,working right away as you are out of status. Your stay is unlawful currently. Travel to your home country and get stamp again.

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4 hours ago, brighton said:

Better to leave the country immediately. Also you may get the approval without I-94.

Thank you. Case approved today 3/14 with I94. Thanks a bunch to my attorney.

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1 hour ago, Yogiwaiting said:

Are you still in US and working? You should stop,working right away as you are out of status. Your stay is unlawful currently. Travel to your home country and get stamp again.

 

1 hour ago, Yogiwaiting said:

Are you still in US and working? You should stop,working right away as you are out of status. Your stay is unlawful currently. Travel to your home country and get stamp again.

Thank you. Case approved today 3/14 with I94. Thanks a bunch to my attorney.

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On 3/14/2018 at 3:15 PM, VRJVNR said:

Thank you all.
 

Case approved today 3/14 with I94. Thanks a bunch to my attorney.

 

Kudos to your attorney. Which attorney firm?

I am sure no one else in any forum has suggested you to stay in US.

Can you please provide some more detail, like whether you was working during second filing and did you mentioned that in your new petition? Also can you please give more detail about your rfe? I am in similar boat.

Are you working as a FTE or EV or EVC model?

 

 

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18 hours ago, eager77 said:

Kudos to your attorney. Which attorney firm?

I am sure no one else in any forum has suggested you to stay in US.

Can you please provide some more detail, like whether you was working during second filing and did you mentioned that in your new petition? Also can you please give more detail about your rfe? I am in similar boat.

Are you working as a FTE or EV or EVC model?

 

 

Thank you. Employer/Attorney suggested me to stop working from denied notice. So, i did stopped working. RFE is simple and straight forward, "Justification for extension of the stay".  I am working in EVC model.

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On 3/16/2018 at 1:46 PM, VRJVNR said:

Thank you. Employer/Attorney suggested me to stop working from denied notice. So, i did stopped working. RFE is simple and straight forward, "Justification for extension of the stay".  I am working in EVC model.

How did your attorney justify that? 

I am in a similar situation. Please help. 

Received h1b denial on April 9 and filed new h1b petition via new employer in PP. The receipt date is May 1,2018. I am still in US. 

Please let me know. Will be helpful. 

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On 5/4/2018 at 5:27 PM, MV24 said:

How did your attorney justify that? 

I am in a similar situation. Please help. 

Received h1b denial on April 9 and filed new h1b petition via new employer in PP. The receipt date is May 1,2018. I am still in US. 

Please let me know. Will be helpful. 

Hello,

Actually mine (Denied and Approved) is with same Employer. As per my knowledge the wages (Level1 to Level2) were corrected in the LCA. Attorney has provided the write up for my case when it was filling with PP about the Denial copy and so. 

I am not sure if it is new employer how USCIS will treat your application. Are the filing it as Consular Processing or Extension to old petition itself?

I am guessing it is going to be Consular Processing, chances are there for petition approval with out I94 approval. But you shouldn't stay in the USA. I am also in same confusion but my attorney mentioned that my case a extension and a consular process. Hence i am stayed in USA and waiting for the decision.

All the very best and please contact attorney to check your stay in USA. Ideally you must leave the country. All the very best.

 

 

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