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hilith

Working on H1 transfer receipt and my options

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With Employer A : My I94 expires on 11-24 and 797 expires on 11-14.  My Transfer with Employer B is pending with RFE in premium processing. Planning to join Emp B on receipt on or before 11-14. 

1.) Incase Emp B RFE us denied am I going out of status  ? When should I travel back to my country ? is there any grace period ? 

2.) Can we have two petitions run at same time with USCIS. Initiate Renewal with client letter with Emp A while Emp B transfer is in progress with RFE in premium. As its very close to I 94 date I want to be very clear on what are my best options, 

3.) Emp B is confident on clearing RFE. But I am not sure what my status will be if that goes for another RFE or denied  after I 94 date.

4. ) If EMP A  and EMP B petitions are approved then do I need to go out of country for stamping  after 11-14 ?  Does approval of EMP A or EMP B sequence have any relevance ? 

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1. If you petition is denied after 11-24, you will have to leave ASAP. You can wait till you get the denial letter, which will take almost 7-10 days after you see the update online. 

2. Two petitions can run parallel provided they are filed and you get the receipt notice before 11-14.

3. You will be treated as out of status.

4. Since both applications are in the same class, order of approvals will not matter. You will have the flexibility to join one or the other company at that point of time. You don't need to go for stamping if the approval notices come back with an extended I-94.

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1. ) How many days I have to leave by after denial on 11-24 . Let's say I leave with in 3 days. Will it have any impact on my future new H1b Petitions ? or Transfers ? I have I 140 approved and in 4 th year H1b. Can new employer in my home country or EMP B do new petetion with same H1b after denial. or this H1b becomes completely useless ?

2.) If extension application is sent by 11-13 with EMP A ( who is holding my current 797) and we don't have any receipt number by 14 th, am I out of status immediately or I can stop working from 11-14  to 11-24 and wait for new receipt to come by 11-24 and start working ? Will this work ? 

3.) Do you advise to join EMP B as we already got receipt and lawyer is confident on clearing RFE than holding to EMP A.

4.) is it a good Idea to go to home country and wait until transfer is complete to be safe and never go out of status ?

 

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You will have 30 days after you receive your denial to leave the country. But if you receive you denial, there is be no option to apply for a transfer or change to a different visa class so better do it before your denial. Make hay while the sunshines. 

You will need the receipt number by atleast 11-14 to continue working for Emp A or you can resume work after you get the receipt number. You can't say for sure that the receipt will be issues in a day. 

I cant advice anything. Talk to an attorney for legal advice. 

 

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You mean Fedex receipt or 797 Receipt ? I can only get 797 receipt by 11-22 for EMPA. Will that be a problem ? so should I stop working from 11-13 and wait until 11-22. As I94 expiry is 11-24 I am authorized to stay until 22 th not working from 13 th ?

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