H1b transfer declined by USCIS, past employer petition withdrawn


jk15987

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Folks, 

Need advise to understand my options here. 

I moved from employer A to B late last year. In last couple of days days, employer B petition got declined after an RFE response which effectively ends my employment with employer B. I have received separation letter from employer B. Employer A had withdrawn their petition (which shows up when I check online), which means my I-94 with them is not valid anymore . Employer B is filing for another H1B petition in next few days, and has asked me wait for 3 weeks before I depart US, and is requesting USCIS to maintained continuity of stay here. I have not been out of status ever before, apart from the last two days.

Questions:

1) Is there any merit whatsoever in staying in US for another few weeks or shall I depart asap ? Has anyone seen any instances where USCIS has post petition approval allowed for stay in US without mandating consular processing? 

2) Do I stand a better chance on petition approval, if my employer requests for consular processing?

3) Since I have an approved I-140 which is active, I had in past used that to transfer to employers beyond my initial 6 year stay. So, I am on extension beyond 6 years and its my 8th continuous year in US. Does a few weeks of being 'out of status' mean that now I become subject to H1 cap?

Any responses are appreciated.

 

 

 

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14 hours ago, jk15987 said:

Folks, 

Need advise to understand my options here. 

I moved from employer A to B late last year. In last couple of days days, employer B petition got declined after an RFE response which effectively ends my employment with employer B. I have received separation letter from employer B. Employer A had withdrawn their petition (which shows up when I check online), which means my I-94 with them is not valid anymore . Employer B is filing for another H1B petition in next few days, and has asked me wait for 3 weeks before I depart US, and is requesting USCIS to maintained continuity of stay here. I have not been out of status ever before, apart from the last two days.

Questions:

1) Is there any merit whatsoever in staying in US for another few weeks or shall I depart asap ? Has anyone seen any instances where USCIS has post petition approval allowed for stay in US without mandating consular processing? 

2) Do I stand a better chance on petition approval, if my employer requests for consular processing?

3) Since I have an approved I-140 which is active, I had in past used that to transfer to employers beyond my initial 6 year stay. So, I am on extension beyond 6 years and its my 8th continuous year in US. Does a few weeks of being 'out of status' mean that now I become subject to H1 cap?

Any responses are appreciated.

 

 

 

Talk to an immigration attorney to get a second opinion.

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@kalyan_acThanks.

RFE related to detailed description on job duties where there could have been a better explanation from employer side. However, employer is filing for a new H1 again with more precise title and corresponding job description. 

Will I be subject to cap this time, and due to this denied on the application, considering the fact that I would have been out of status for few weeks. Or do I have a chance to get an approval based on merit of application, and can come to US post that asap after stamping?

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