Crystal_D Posted December 7, 2018 Report Share Posted December 7, 2018 Dear lawyers, I am in a very complex situation here, below is my issue described in time line:Mar. 2018, I was terminated from company A, H-1B revoked, I was in 60-day grace period; Apr, 2018, company A rehired me and filed H1B petition within 60-day grace period at regular processing speed. I resumed work one day after USCIS received package (not on receipt notice) under H-1B portability per attorney A's advice; Jun. 2018, I got new offer from company B Aug, 2018, I got H-1B transfer approved for B, however, it was issued with i-797B, the USCIS denied my i-94 extension citing I was not allowed to work during grace period without approval from USCIS, thus they denied my grace period too, which freaked me out. Then I requested immediate premium processing for company A's petition (was pending all the time) and was issued i-797 A with i-94 extended for another 3 years. My status was justified by this i-797A from company A; ---------now I am in a dilemma: I can legally work for company A, but can't work for company B due to request of consular processing--------------Sep. 2018, company B filed Motion to Reopen MTR with company A's i-797A to reopen my case; However, No receipt # issued so far (3-months), nothing even heard from USCIS; I already waited 6 months since I took offer from company B, both us are running out of patience now1. Shall I resign from A and get consular visa for company B? what are the risks...how much chance is it to be denied of visa stamp? 2. Can I do the consular visa for B without resign from A yet ? and I will only resign after it approved so I can be safe. Is that allowed? Your professional advice is much appreciated! Sincere thanks! Quote Link to comment
pontevecchio Posted December 7, 2018 Report Share Posted December 7, 2018 It is a complex question for a forum . Why did A agree to PP if you were not working there.? If you want legal guidance give the firm of Murthy or any of your choice a call. Quote Link to comment
Crystal_D Posted December 8, 2018 Author Report Share Posted December 8, 2018 19 hours ago, pontevecchio said: It is a complex question for a forum . Why did A agree to PP if you were not working there.? If you want legal guidance give the firm of Murthy or any of your choice a call. I haven't started working for company B now, and A didn't know anything about new offer. Besides, I paid the premium processing fee out of my own pockets to expedite the A's pending H-1B. Quote Link to comment
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