h1-b-transfer-denied-i-94-from-previous-unwithdrawn-petition-valid


sunil271

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Posted

H1 b transfer denied I-94 from previous unwithdrawn petition valid

Here is my case:
a) Previous employer I-797 unwithdrawan with I-94 validity DEC-2020
b) H1 b transfer initiated with a new employer, working on receipt (within 60 days grace transfer initiated and received receipt)
c) H1 b transfer RFE followed by Denial notice.

Options:
a) With unexpired I-94, legal to stay but no work authorization - Should exit country ASAP is the only option?
b) With unexpired I-94, denial notice Employer Appeal - Stay and continue on any applicable clause, if so how long, any such rule exists
c) With unexpired I-94, denial notice received, Employer File H1 b again - Stay and continue on any applicable clause, if so how long, any such rule exists
d) Unexpired I-94, already utlizied 60 grace period at H1 b transfer, no clause applies - Exit country ASAP
e) Unexpired I-94 keeps you away from illegal stay accrual (only saving grace) but doesn’t give right to stay in with no work authorization (as case is denial)

Can some experts throw some light and suggest options available in this case. I put forward what i best could understand.

Posted

You are already out of status since your previous employer has withdrawn the H1 and you are not on their payroll anymore. And your current application is denied. The previous I-94 is not valid anymore.

You have to exit the country ASAP and wait for the appeal result outside the US.

  • 1 month later...

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