H1B denial after I-94 expiry, Another H1 by a different employer is already in Progress


Hema Reddy

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Hi,

My sister is currently working with Employer A on EC model.  Her H1B extension is denied yesterday. Her I-94 has already expired on Oct 09 2018. Before her I-94 expiry, another employer B (An american bank who is not H1B dependent) filed H1B transfer and transfer receipt is received on Sep 18 (which is before I-94 expiry). What are her options now?

1. I know that in a regular case, her illegal presence has already started and she must leave the country immediately. But, she still has another pending timely filed H1B in this case. Did her illegal presence started now?

2. Can she start working with Employer B on receipt now?

Any help is highly appreciated. Thank you.

 

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