santosh911 Posted March 28, 2013 Report Posted March 28, 2013 Hi, I came to USA for company A in June 2012 with H1B and I-94 valid till Oct-2014, In december 2012 I joined company B, got RFE and then Denial on 25th march 2013. I checked status of company A petition status and that has been revoked on Jan 24 2013. Company B is going to file new H1B premium cap exempt now. They are asking me to stay in USA till then. Kindly suggest me on below questions. 1. Should I stay in USA till new H1B decision comes (25-30 more days), I have already accumulated 108 days since left company A.Is it safe, I mean will I be pardoned and not bared for 6-10 years entry into USA? 2. Will I have to go out of USA for stamping again and or only new I-94 with new I-797? 3. Going out of USA can affect new H1B processing, will it be tougher than staying in USA? 3. Can I think for joining any other company in USA now with similar H1B exempt filing with or without leaving USA ? I am sure no other company can apply for transfer as I am not on H1B status. 4. What is the best option for me Kindly suggest?
rahul412 Posted March 28, 2013 Report Posted March 28, 2013 4. What is the best option for me Kindly suggest? From 26th March, you are out of status. Even if your company 'B' files new petition, you need to show the proof that your current status is legal. But in this, it's not possible.
omshiv Posted March 28, 2013 Report Posted March 28, 2013 Unfortunately you are OoS..thats the problem with you guys these days...hopping over 1 company to another.... you have to leave the US today itself..anways even Company B's visa is approved it would be a CP...and you'll have to go outside the US for stamping.. contact a good attorney.
wiweq Posted March 28, 2013 Report Posted March 28, 2013 Always remember H1b mantra: Don't leave the current employer unless the new H1b is completely approved.
0407 Posted March 28, 2013 Report Posted March 28, 2013 Hi, I came to USA for company A in June 2012 with H1B and I-94 valid till Oct-2014, In december 2012 I joined company B, got RFE and then Denial on 25th march 2013. I checked status of company A petition status and that has been revoked on Jan 24 2013. If companyB's H1B petition has been denied what is the rationale in same company filing it again? Company B is going to file new H1B premium cap exempt now. They are asking me to stay in USA till then. Kindly suggest me on below questions. 1. Should I stay in USA till new H1B decision comes (25-30 more days), I have already accumulated 108 days since left company A.Is it safe, I mean will I be pardoned and not bared for 6-10 years entry into USA? 2. Will I have to go out of USA for stamping again and or only new I-94 with new I-797? 3. Going out of USA can affect new H1B processing, will it be tougher than staying in USA? 3. Can I think for joining any other company in USA now with similar H1B exempt filing with or without leaving USA ? I am sure no other company can apply for transfer as I am not on H1B status. 4. What is the best option for me Kindly suggest?
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