H1 B extension denied but I 140 is approved- critical


svb

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Posted

Hi

My H1b extension has been denied on 17th May 2013. First, I got Rfe 3 months back and now its been denied. My employer is not giving reason for Rfe, as per him its between lawyer and employer. My earlier H1b was valid till Oct 2012(accordingly I94 was valid till oct 2012).

I would be completing 6 years in Nov2013.my I 140 has been approved a couple of months back.

1) based on this, my I become out of status in US?

2) I'm currently on a project(direct client- I work for a consulting company)

Where does it put me ? Can I continue to work for a same client by staying with a same employer ? Can my current employer help me anyway or I'm now on my own to find a solution?

3) do I need to leave this country immrdiately ?

Posted

You are in unlawful status from May,18. You can tide over a few days and see whether the current client is interested in hiring you in H1 status by filing a H1 petition for you. Then you leave and come back with the H1 visa if the H1 petition is approved. Basically look for another H1 sponsor.

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