Crystal_D Posted December 7, 2018 Report Share Posted December 7, 2018 Dear lawyers, I am in a very complex situation here, below is my issue described in time line:Mar. 2018, I was terminated from company A, H-1B revoked, I was in 60-day grace period; Apr, 2018, company A rehired me and filed H1B petition within 60-day grace period at regular processing speed. I resumed work one day after USCIS received package (not on receipt notice) under H-1B portability per attorney A's advice; Jun. 2018, I got new offer from company B Aug, 2018, I got H-1B transfer approved for B, however, it was issued with i-797B, the USCIS denied my i-94 extension citing I was not allowed to work during grace period without approval from USCIS, thus they denied my grace period too, which freaked me out. Then I requested immediate premium processing for company A's petition (was pending all the time) and was issued i-797 A with i-94 extended for another 3 years. My status was justified by this i-797A from company A; ---------now I am in a dilemma: I can legally work for company A, but can't work for company B due to request of consular processing--------------Sep. 2018, company B filed Motion to Reopen MTR with company A's i-797A to reopen my case; However, No receipt # issued so far (3-months), nothing even heard from USCIS; I already waited 6 months since I took offer from company B, both us are running out of patience now1. Shall I resign from A and get consular visa for company B? what are the risks...how much chance is it to be denied of visa stamp? 2. Can I do the consular visa for B without resign from A yet ? and I will only resign after it approved so I can be safe. Is that allowed? Your professional advice is much appreciated! Sincere thanks! Link to comment
pontevecchio Posted December 7, 2018 Report Share Posted December 7, 2018 It is a complex question for a forum . Why did A agree to PP if you were not working there.? If you want legal guidance give the firm of Murthy or any of your choice a call. Link to comment
Crystal_D Posted December 8, 2018 Author Report Share Posted December 8, 2018 19 hours ago, pontevecchio said: It is a complex question for a forum . Why did A agree to PP if you were not working there.? If you want legal guidance give the firm of Murthy or any of your choice a call. I haven't started working for company B now, and A didn't know anything about new offer. Besides, I paid the premium processing fee out of my own pockets to expedite the A's pending H-1B. Link to comment
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