Hi There. Please help me on this.

[Swaroopd]

Today i.e Sep 11th,2018 my H1B extension got denied. but i didn't get the letter thru mail regarding the reasons for denial. and my I94 was expired on Sep 1st 2018. My employer has already file a new petition yesterday i.e Sep 10th, 2018 on which i didnt get any denial.

1) Since my first petition was already denied. will the new petition have any purpose. will the new petition be considered ? 

2) Should i leave the US rite away ? 

3) Can a new employer take me ? and file a new transfer petition ? if let us say, i got a new sponsored emplyer and filed a new petition. if the USICS received the petition, im i legal to stay 240 days ? 

Please help me on this. 

 

[skolla]

11 hours ago, Swaroopd said:

Today i.e Sep 11th,2018 my H1B extension got denied. but i didn't get the letter thru mail regarding the reasons for denial. and my I94 was expired on Sep 1st 2018. My employer has already file a new petition yesterday i.e Sep 10th, 2018 on which i didnt get any denial.

1) Since my first petition was already denied. will the new petition have any purpose. will the new petition be considered ? 

==> Yes.  If they like documentation will be approved without I-94(Consular processing) 

2) Should i leave the US rite away ? 

==> After denial your stay is illegal(I-94 already expired)

3) Can a new employer take me ? and file a new transfer petition ? if let us say, i got a new sponsored emplyer and filed a new petition. if the USICS received the petition, im i legal to stay 240 days ? 

==> NO

 

11 hours ago, Swaroopd said:

Please help me on this. 

 

 

[Swaroopd]

@skolla Thankq for the response. I have one more question, please bare with me. thank you

My employer has filed an amendment and extension on July 2017, when i moved to a different client. That extension was approved but the valid THRU date was same as my initial visa approval date. i.e Sep 01st 2018. In the new 797A approved document i could see I 94 is valid till Sep 11th 2018.

My employer has sent the document for new extension on premium processing, and package was delivered on 11th Sep 2018. Will my new application considered under premium(Delivered on Sep 11th - last day of my i94) ? 

 

 

[Swaroopd]

7 hours ago, Swaroopd said:

@skolla Thankq for the response. I have one more question, please bare with me. thank you

My employer has filed an amendment and extension on July 2017, when i moved to a different client. That extension was approved but the valid THRU date was same as my initial visa approval date. i.e Sep 01st 2018. In the new 797A approved document i could see I 94 is valid till Sep 11th 2018.

My employer has sent the document for new extension on premium processing, and package was delivered on 11th Sep 2018. Will my new application considered under premium(Delivered on Sep 11th - last day of my i94) ? 

 

 

Since the new application package has received on the last legal day. im i in valid status now ? can i work ? 

[Swaroopd]

Since the new application package has received on the last legal day. im i in valid status now ? can i work ? 

[skolla]

15 hours ago, Swaroopd said:

@skolla Thankq for the response. I have one more question, please bare with me. thank you

My employer has filed an amendment and extension on July 2017, when i moved to a different client. That extension was approved but the valid THRU date was same as my initial visa approval date. i.e Sep 01st 2018. In the new 797A approved document i could see I 94 is valid till Sep 11th 2018.

My employer has sent the document for new extension on premium processing, and package was delivered on 11th Sep 2018. Will my new application considered under premium(Delivered on Sep 11th - last day of my i94) ? 

 

==> Is  USCIS received your premium application and updated the details? What is the status showing in USCIS  website?  You can legally stay in country until end of I-94 expiry but it does not mean you can work after the expiry of the work permit approved date. You have to wait and see will they approve with I-94 or without I-94.

The 10-day grace period is period of authorized stay but does not provide the beneficiary authorization to work beyond the petition validity period.

 

15 hours ago, Swaroopd said:

 

 

[Swaroopd]

@skolla Thanks for the response and valuable time. 

I feel my case it is little different here. My I94 valid 'thru' date, previous extenstion denied date and new petition received date(package received to CA via fedEx) all are same i.e sep 11th 2018. 

Seems the check for the new application is not cashed out yet. do you have any idea that, package received on last day of legal stay(I94) will give me the status until i get the response form new case? am i authorized to stay ? 

 

[skolla]

17 hours ago, Swaroopd said:

@skolla Thanks for the response and valuable time. 

I feel my case it is little different here. My I94 valid 'thru' date, previous extenstion denied date and new petition received date(package received to CA via fedEx) all are same i.e sep 11th 2018. 

Seems the check for the new application is not cashed out yet. do you have any idea that, package received on last day of legal stay(I94) will give me the status until i get the response form new case? am i authorized to stay ? 

==> I would recommend you to take the legal opinion.  Your previous petition was denied and filed new petition after the expiry  or same day of expiry. My understanding is you are not filed the petition on time. USCIS will process  your case as premium but not sure you can legally stay or not.