H1b transfer denial, I94 valid till Sep 2019

[Kanth1311]

Hello All,

 I came to USA first time in April 2017 with Visa stamp in passport till Sep 2019 with emp A who processed my H1b petition, in May 2018 i resigned emp A and joined emp B on receipt notice. Now, emp A revoked my earlier petition on July 27, 2018. On August 14, i had a denial with emp B and was updated on USCIS web site, received physical copy on August 19th.

1) Can i legally stay in USA and search for an new employer ?
2) How many days i can stay legally in USA ?
3) Since we are filing a new petition again for same client with same emp B, can i start working with client on a receipt number or should i need approval since earlier petition was revoked or can i start working once I129 petition is filed with FedEx # etc.. ?
4)  Should i do in premium processing or regular ?
5) If in regular, can i stay & work with receipt number for 6-8 months without I797 approval ?
6) Do i need consular processing ? or not required ? My Visa stamping in my passport is till Sep 2019 and should i need to go out of country activate my I94 ( mexico or bahamas ) with new approval once approved ? or my approval petition will be received with I94 on it ?

Please suggest.

Regards,
Beneficiary.

[AnuradhaJ]

How can I get in touch with you? Even I have the same situation as you. I would like to discuss with you about the same.

[AnuradhaJ]

On 8/27/2018 at 9:01 PM, Kanth1311 said:

Hello All,

 I came to USA first time in April 2017 with Visa stamp in passport till Sep 2019 with emp A who processed my H1b petition, in May 2018 i resigned emp A and joined emp B on receipt notice. Now, emp A revoked my earlier petition on July 27, 2018. On August 14, i had a denial with emp B and was updated on USCIS web site, received physical copy on August 19th.

1) Can i legally stay in USA and search for an new employer ?
2) How many days i can stay legally in USA ?
3) Since we are filing a new petition again for same client with same emp B, can i start working with client on a receipt number or should i need approval since earlier petition was revoked or can i start working once I129 petition is filed with FedEx # etc.. ?
4)  Should i do in premium processing or regular ?
5) If in regular, can i stay & work with receipt number for 6-8 months without I797 approval ?
6) Do i need consular processing ? or not required ? My Visa stamping in my passport is till Sep 2019 and should i need to go out of country activate my I94 ( mexico or bahamas ) with new approval once approved ? or my approval petition will be received with I94 on it ?

Please suggest.

Regards,
Beneficiary.

hey how can I get in touch with you?

[Veerucs]

i'm also in the same situation where my I-94 is valid with my Previous Employer until Aug-2019 and H1 petition got revoked by my previous Employer. and new Employer transfer got denied.

as far as I spoke to Attorney and my Current Employer is refiling new H1 and I can start working on my H1 filing receipt.

[Astral02]

I also have the same case. Even My employer is saying I can start working once new transfer petition is filed. I am going to ask for more details.

@Veerucs which rule or regulation your employer is mentioning to support their statement?

 

[Veerucs]

@Astral02 not sure about the rule , i didn't ask about the rule or regulation.. will check on that .

keep me posted if you have more details on your case ..

[Veerucs]

On 9/1/2018 at 6:29 PM, Astral02 said:

I also have the same case. Even My employer is saying I can start working once new transfer petition is filed. I am going to ask for more details.

@Veerucs which rule or regulation your employer is mentioning to support their statement?

 

Please find the rule details provided my attorney

8 CFR 214.1(l)(2):

(l) Period of stay.

(2) An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien's classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.