H1B denied after RFE but I94 Valid - 2018

[sairam_81]

Hi,

My current H1 B I-797 and I-94 is valid till 30 Nov 2018

I applied H1B extension normal process (through big company CTS) and converted to premium on Aug 30 and received an RFE on Sep 10 and submitted all document. On 20 Sep 2018, My employer sent mail for denial for my extension. Reason being - "Specialty Occupation". My employer will receive the denial notice within two weeks.

Questions:

1. Can I stay in USA till 30 Non 2018? or denial notice received date? or which one date is earlier? or which one date is later?

Example in my case My employer may get denial notice hard copy from USCIS on 05 Nov 2018. so legally Can I stay in USA and work for  same company (CTS) till 30 Nov 2018. or should I need to leave based on denial notice date(05 Nov 2018)?

2. Today I got an offer letter for another employer (like ABC employer, less than 20 employees). Can the new employer still proceed with filing the H1B transfer for me and can i start working based on the new petition number?

3. Can I apply two more new H1B transfer cum extension with other two employers (like XYZ Inc, JKL Inc)?

4. In case If I get denial notice for ABC employer extension (out of 3 new employer) first, should I need to leave this Country (USA)?

5. In case one company extension get approved first and other two extension (XYZ Inc and JKL Inc) get denied later? Can I work using the approved petition? or should I need to go out this country for visa stamping?

Thanks in advance.

 

 

 

 

 

[JaiTrump]

You don’t seem to be loyal to your ABC employer, y do you want to apply with xyz and Jkl when you accepted ABC.?

You are inviting trouble

[xTDx]

On 11/3/2018 at 2:15 PM, sairam_81 said:

Hi,

My current H1 B I-797 and I-94 is valid till 30 Nov 2018

I applied H1B extension normal process (through big company CTS) and converted to premium on Aug 30 and received an RFE on Sep 10 and submitted all document. On 20 Sep 2018, My employer sent mail for denial for my extension. Reason being - "Specialty Occupation". My employer will receive the denial notice within two weeks.

Questions:

1. Can I stay in USA till 30 Non 2018? or denial notice received date? or which one date is earlier? or which one date is later?

Example in my case My employer may get denial notice hard copy from USCIS on 05 Nov 2018. so legally Can I stay in USA and work for  same company (CTS) till 30 Nov 2018. or should I need to leave based on denial notice date(05 Nov 2018)?

2. Today I got an offer letter for another employer (like ABC employer, less than 20 employees). Can the new employer still proceed with filing the H1B transfer for me and can i start working based on the new petition number?

3. Can I apply two more new H1B transfer cum extension with other two employers (like XYZ Inc, JKL Inc)?

4. In case If I get denial notice for ABC employer extension (out of 3 new employer) first, should I need to leave this Country (USA)?

5. In case one company extension get approved first and other two extension (XYZ Inc and JKL Inc) get denied later? Can I work using the approved petition? or should I need to go out this country for visa stamping?

Thanks in advance.

 

 

 

 

 

1- yes

2- yes

3- yes, any number of employers.

4- If you joined new employer on receipt , and the case is denied. You are out of status.

5- yes you can work with an approved petition. If your i94 is extended and issued to you along with your new approved petition, you can stay in USA .Otherwise leave and come back with a valid visa.