URGENT HELP :H1B transfer after Visa/I-94 expired and previous extension pending

[raj79]

Hi Everyone,

I am new to the forum. Please do not mind me asking my question if a similar question has been asked elsewhere in this forum.

My case details:

Came to US : July 17, 2008

Payroll started: Sep 25, 2008 (not paid for the period July 17, 2008 to Sep 25, 2008)

Employer A filed extension: June 1, 2010

Visa/I-94 Expired: Sep 10, 2010

Employer B filed for transfer/extension (Premium processing based on extension receipt ): Oct 10,2010 (So, there's a gap of 1 month)

Started working for Employer B: Oct 15,2010

Got 1st RFE in Nov, 2010 : Employer-Employee establishment

Got 2nd RFE in Dec, 2010: Asking about my tax papers for the year 2008 and FINAL DECISION NOTICE for the pending extension application from employer A

Current status of my applications:

Extension application from employer A: initial review ( employer A never withdrew my application)

Transfer/extension application from employer B:

RFE response review ( employer B replied to RFE by sending my w2 and paystubs for 2008 and mentioning to USCIS that employer B has no control over the pending application from employer A whose status is still pending.

Here are my questions:

1) Since my Visa/I-94 expired when Employer B filed for my transfer/extension and RFE 2 clearly asked about my pending extension application's final status is there any possibility that USCIS can deny my application?

2) In case of denial what will by status in US?

Will i be considered out-of-status from my I-94/Visa expiration date or from the date USCIS deny my transfer/exention (filed by employer B)?

3) If USCIS instead of denying keeps my transfer/extension application in pending status ( because employer B could not send the final decision notice for the extension filed by company A) fow how long i can work with company B ?

4) Since I've left the company A, i believe 240 days rule does not apply. Am i correct here?

5) I have heard that one can be banned if he/she stays for more than 180 days out of status. So if USCIS denies the application will i be out of status? (assuming USCIS takes a final denial decision on my transfer/extension application in March 2011).

I will be completing my 180 days (calculated from Visa/I-94 expiry date) in 2-3 weeks time. If indeed my out-of-status days are counted from my Visa/I-94 expiration date I do not want to take any risk and would like to know should i start preparing to go back my home country.

Please let me know if any other information is needed from my end.

I've been quite tensed over my h1b status and have to make a good deal of arrangements if indeed i am supposed to be going back my home country.

I would appreciate you guys help in answering my questions and also suggestion me the best option for me.

Thanks, Regards

Raj

[rishi345]

I'm in the same situation.

[Transformer]

@raj79

Since your employer A applied for your extn before expiry of you i-94, you are not out of status. But you are out of status for the first few months since u r not paid. If USCIS determines that from your 2008 W2 then you might have a problem. I don't want to scare you but just prepare for the worst. Except that everything else you did is legal.

[nad_usvisa]

Originally posted by raj79:

Hi Everyone,

I am new to the forum. Please do not mind me asking my question if a similar question has been asked elsewhere in this forum.

My case details:

Came to US : July 17, 2008

Payroll started: Sep 25, 2008 (not paid for the period July 17, 2008 to Sep 25, 2008)

Employer A filed extension: June 1, 2010

Visa/I-94 Expired: Sep 10, 2010

Employer B filed for transfer/extension (Premium processing based on extension receipt ): Oct 10,2010 (So, there's a gap of 1 month)

Started working for Employer B: Oct 15,2010

Got 1st RFE in Nov, 2010 : Employer-Employee establishment

Got 2nd RFE in Dec, 2010: Asking about my tax papers for the year 2008 and FINAL DECISION NOTICE for the pending extension application from employer A

Current status of my applications:

Extension application from employer A: initial review ( employer A never withdrew my application)

Transfer/extension application from employer B:

RFE response review ( employer B replied to RFE by sending my w2 and paystubs for 2008 and mentioning to USCIS that employer B has no control over the pending application from employer A whose status is still pending.

Here are my questions:

1) Since my Visa/I-94 expired when Employer B filed for my transfer/extension and RFE 2 clearly asked about my pending extension application's final status is there any possibility that USCIS can deny my application?

<USCIS might deny the application>

2) In case of denial what will by status in US?

Will i be considered out-of-status from my I-94/Visa expiration date or from the date USCIS deny my transfer/exention (filed by employer B)?

<out-of status is always considered from I-94 expiration date>

3) If USCIS instead of denying keeps my transfer/extension application in pending status ( because employer B could not send the final decision notice for the extension filed by company A) fow how long i can work with company B ?

4) Since I've left the company A, i believe 240 days rule does not apply. Am i correct here?

<yes>

5) I have heard that one can be banned if he/she stays for more than 180 days out of status. So if USCIS denies the application will i be out of status? (assuming USCIS takes a final denial decision on my transfer/extension application in March 2011).

<yes you will be out of status>

I will be completing my 180 days (calculated from Visa/I-94 expiry date) in 2-3 weeks time. If indeed my out-of-status days are counted from my Visa/I-94 expiration date I do not want to take any risk and would like to know should i start preparing to go back my home country.

<that's the best option>

Please let me know if any other information is needed from my end.

I've been quite tensed over my h1b status and have to make a good deal of arrangements if indeed i am supposed to be going back my home country.

I would appreciate you guys help in answering my questions and also suggestion me the best option for me.

Thanks, Regards

Raj