H1 B denial

[sushantrao]

Hi,

I have a H1-B visa valid until September 2012 against company-A. I searched for new employment & got an offer from company-B. During the visa-transfer, I received a RFE on 10th April 2012. I quit company-A on 30th April 2012. I have my last pay-stub of company-A as on 30th April 2012. I joined company-B on 14th May 2012 & I received a denial notice on 11th May 2012. My new employer company-B isn't filing for a re-appeal. What options do I have in-order to continue in the US?

[wiweq]

"have a H1-B visa valid until September 2012 against company-A. I searched for new employment & got an offer from company-B. During the visa-transfer, I received a RFE on 10th April 2012. I quit company-A on 30th April 2012. I have my last pay-stub of company-A as on 30th April 2012. I joined company-B on 14th May 2012 & I received a denial notice on 11th May 2012. My new employer company-B isn't filing for a re-appeal. What options do I have in-order to continue in the US?"

=> Now you have no option but to leave the USA asap. Your previous H1b is terminated and new H1b is denied. This means that you have accumulated Out of Status days starting from the departure from A.

Best bet: Leave USA asap, and find an employer who can file H1b for you (while staying outside of USA).

As I always suggest, don't join new employer, until new H1b is completely approved. Pay for PP ($1225), if needed. Buying peace of mind for $1225 is not a bad deal.

Please share reason of denial.

[sushantrao]

But what if my I-94 expiration date states october-04-2012 & company B gives a pay-stub? What will happen in such a scenario?

[JoeF]

But what if my I-94 expiration date states october-04-2012 & company B gives a pay-stub? What will happen in such a scenario?

You are still out of status.

[mchakri001]

I am in exact same situation.

1) Would we be out of status, even if Company-A has not revoked the H1?

2) Status in USCIS site says Denied. did not recieve docs yet. So, how many days do i have left in US?

Thanks in advance!

[wiweq]

"1) Would we be out of status, even if Company-A has not revoked the H1?

2) Status in USCIS site says Denied. did not recieve docs yet. So, how many days do i have left in US?"

=> Please make a few facts clear about H1b and tell to your H1b friends also:

1. H1b revocation by company has no meaning for beneficiary. At the moment employee- employer relation ends H1b is gone. To create again employee-employer relationship a new H1b should filed.

Unexpired I94 has no meaning if the employee-employer relationship doesn't exist. It's just a piece of paper and your H1b status ends with the termination of your job.

2. The day you get denial letter you should leave. By online status you have got enough time to pack your bag, until you are waiting for some other COS. ATB!

Any question/ doubts, let’s know.