H1 extension denied; I94 expiring soon

[SVM1]

Hi,

Following are my case details and request your guidance on urgent basis. Thanks in advance

1. H1 extension with change of location amendment filed before 1st Apr 2017, however it didn't go through premium due to delays at law firm and company. H1 and I94  expiring on 15th Sept 2017

2. Query raised by USCIS as designation mismatch in LCA and other docs and this was duly responded late July 2017

3. H1 denial status updated on USCIS website late night on 25th Aug 17 and my company A is yet to receive denial notice with reasons in it

4. While this is happening, my Client is recommending me to apply new petition for H1 extension with amendment through Vendor B (who is also secondary vendor to Company A) and this Vendor B has accepted to do so and the process has started

My concerns and questions below:-

1. Assuming this Vendor B files new petition before 15th Sept 2017, Can I stay within US with the new receipt number legally after 15th Sept 2017 or will my stay be Out of status or Unlawful presence?

2. If new petition is submitted to USCIS by Vendor B by 10th Sept 2017 will the stay from 10th Sept to 15th Sept (I-94 valid till 15th Sept) be lawful?

3. If I need to travel back to home country while the new petition is being processed how are the chances of getting that approved? I'm guessing the reason for denial could be because of the change of location amendment or designation mismatch. So if they are corrected will there be more chances of denial again?

I really appreciate any help on this...thanks again for your time and response

- SVM

[SVM1]

Hi...I'm still waiting for responses...pls help!!

[Aandavaa]

Hi you can stay legally with the new receipt number. However I have one question what about your stay from the date of denial to till  you get a receipt notice? Is that stay valid??? Will the old i94 vlaid till Sep 15 hold good??

By the way what was the rfe, wage 1 of does not match with job duties???

 

[SVM1]

Thanks for your revert.

My employer didn't receive denial notice yet from uscis. As per attorney it takes 2 to 3 weeks to receive by mail. So I'm waiting. 

Currently I'm lacking clarity on the stay and hence I posted here. 

So are you suggesting that stay with new employer petition is fine even post 15th September?