H1B extention denied after I140 approval - next options?


lopez10

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Hi,

My I140 got approved in Dec 2016 through employer A and he filed for H1B ext based on approved I140. We received RFE and then Denial notice. My employer is a consulting company and am working for a client thru a vendor (EVC model). My current visa is expiring in June 2017.

I have following questions. Please help clarify them - 

1) If my current employer A files for another extension again before my visa expiration (June 2017), can i still continue to stay and work legally in US based on the filed petition reciept nbr?

2) As am working at a client location, my project is ending in  July 2017, after which i will be working on another project/client location. If my current employer files for an extension before my visa expiration (June 2017) with details of my current client, can i work for another client after July based on my filed petition? Or is there any additional paperwork that needs to be submitted at the time of client change. 

3) If a new employer B files for a H1B visa transfer before my current visa expiration(June 2017), can i start working for the new employer B once the reciept number is recieved?

4) Scenario - Current employer A files for extension before my current visa expiration (June 2017). New employer B files for a visa transfer after visa expiration (June 2017).

In this situtation, can i start working for the new employer B once the receipt number is received or i have to wait until the H1B transfer is approved? 

5) My I140 got approved in Dec 2016, if i go for an H1B transfer with new employer B before 6 months of my approved I140 from employer A, will i loose my priority date? 

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15 hours ago, lopez10 said:

Hi,

My I140 got approved in Dec 2016 through employer A and he filed for H1B ext based on approved I140. We received RFE and then Denial notice. My employer is a consulting company and am working for a client thru a vendor (EVC model). My current visa is expiring in June 2017.

I have following questions. Please help clarify them - 

1) If my current employer A files for another extension again before my visa expiration (June 2017), can i still continue to stay and work legally in US based on the filed petition reciept nbr?

2) As am working at a client location, my project is ending in  July 2017, after which i will be working on another project/client location. If my current employer files for an extension before my visa expiration (June 2017) with details of my current client, can i work for another client after July based on my filed petition? Or is there any additional paperwork that needs to be submitted at the time of client change. 

3) If a new employer B files for a H1B visa transfer before my current visa expiration(June 2017), can i start working for the new employer B once the reciept number is recieved?

4) Scenario - Current employer A files for extension before my current visa expiration (June 2017). New employer B files for a visa transfer after visa expiration (June 2017).

In this situtation, can i start working for the new employer B once the receipt number is received or i have to wait until the H1B transfer is approved? 

5) My I140 got approved in Dec 2016, if i go for an H1B transfer with new employer B before 6 months of my approved I140 from employer A, will i loose my priority date? 

Best thing is to contact an immigration attorney to be 100% sure in your case.

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