H1 extension denied after 243 days of i94 expired with my current employer(A) but still holding another valid h1 till march 2020 with employer(B) which I never worked with

[SandySri]

I would like to know whether I can work with my h1 employer(B) which is approved on August 2017 and valid till March 2020 but never used this h1. The issue here is today on 3/6/2019 I got a denial notice from USCIS for my h1 extension(Employer A), also i94 been expired (240 days completed) for h1 and h4.

Q1 : By god grace if you say h1 can able to work with employer B then what about h4 , whether they can still stay and apply for h4 i94?

 

Q2 : Both(A&B) h1 work location (end client) is same, is there any issue, unless until my middle vendor is ready to release my monthly payment to employer B?

 

In advance -- Thanking you all for looking into and helping me out with the answers.

[xTDx]

You are out of status from A's h1b denial date. 

If you never joined B and they never revoked or withdrew the h1b petition, you may join them but only after leaving and coming back with a valid stamp. You do not seem to have a valid or "clear" transition to B with a valid i94. 

You should leave usa asap and quite probably work with your new employers or B's attorneys to figure out this mess.

 

 

[JoeF]

Employer B had to inform USCIS that you don't work there. So that H1 is gone.

If they want to hire you now they would have to file (and pay for) a new H1.

[Seeker21]

Sure you can join the employer B. I94 date is updated when you travel and what was the validity at that time. The date on I797 is the valid date. 

[SandySri]

5 hours ago, xTDx said:

You are out of status from A's h1b denial date. 

If you never joined B and they never revoked or withdrew the h1b petition, you may join them but only after leaving and coming back with a valid stamp. You do not seem to have a valid or "clear" transition to B with a valid i94. 

You should leave usa asap and quite probably work with your new employers or B's attorneys to figure out this mess.

 

 

Thank you for the response. I have got I94 till March 2020 with I 797 with Employer B and they are ready to work with me. Even though I need to Leave US.

[SandySri]

2 hours ago, Seeker21 said:

Sure you can join the employer B. I94 date is updated when you travel and what was the validity at that time. The date on I797 is the valid date. 

Thank you for the response. I have got I94 till March 2020 with I 797 of Employer B. Even though I need to travel.