H1B denial and Lawful presence verification

Atharv Druv

Recommended Posts

Hi All,

Any information to the questions posted below is appreciated.

My original H1B Validity: 10/30/2019       I-94 Expiry Date on Passport: 11/9/2019

H1B Extension Petition1 with Employer1: Denied on Sep 26, 2019 - Submitted Motion To Reopen on the denied case and currently the case status updated  from Denied to "Case Was Transferred And A New Office Has Jurisdiction" on Nov 5, 2019. No change after that.

H1B Extension Petition2 with Employer1: Submitted on Oct 17, 2019 - Status : RFE - Thirdparty Worksite Employment Specialty Occupation (RFE is not responded yet and has Jan 23, 2020 deadline)

H1B Petition3(Transfer): Employer2 and Submitted on Nov 7,2019  in Regular processing

If the Petition2 denied suppose and Petition1 has no outcome yet, can i work with employer2 based on the third petition transfer submitted without it's being approved?  

What is the MTR processing time from the Reopen status ("Case Was Transferred And A New Office Has Jurisdiction") and what are the different possible outcomes from MTR?

Link to comment

I feel you should be ok to work with Employer 2 even if your petition 2 is denied as it was filed before your I94 expiry date. But check with the Attorney for Employer 2 on how the application was filed, was it filed as a bridge application?

MTR might take 6-8 months, have seen it go over that in some cases. AAO will review and send it to USCIS if they feel the case should not be denied or else they will deny it.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.