H1B overstay

[shathakkar]

Hi,

 

I had a valid H1B till Sep. 30, 2012.

After that, I had my H1 Transfer pending approval, got RFE but due to lack of client letter did not get my H1B approved.

Again applied H1 Transfer and same RFE waiting for decision.

So basically, the last valid approved H1B was last year Sep. 30, 2012 and right now it is pending approval for RFE received document review decision.

I-94 is valid till 11/27/2014.

Do you think that this is an overstay and I should leave country before 1 year gets over or should I wait till I receive decision from USCIS?

An early reply and some suggestion is highly appreciated.

 

 

 

Thanks,

Ronit

[kalyan_ac]

Dates of filing of Petitions and receiving the RFEs will help in answering this.

But essentially,if your new h1 is approved you are OK otherwise your stay will be illegal.

Also you may get the approval as I797B rather than I797C. 

[rahul412]

After that, I had my H1 Transfer pending approval, got RFE but due to lack of client letter did not get my H1B approved.

Again applied H1 Transfer and same RFE waiting for decision.

So basically, the last valid approved H1B was last year Sep. 30, 2012 and right now it is pending approval for RFE received document review decision.

I-94 is valid till 11/27/2014.

So you mean to say that your first H1 transfer was rejected due to lack of client letter and then again you filed for another H1 transfer??

 

Need clarification here, when your H1 was expiring in 2012 how did you get I94 till 2014??

[jairichi]

So you mean to say that your first H1 transfer was rejected due to lack of client letter and then again you filed for another H1 transfer??

 

Need clarification here, when your H1 was expiring in 2012 how did you get I94 till 2014??

I was so startled at this post that I did not even dare to reply

[rahul412]

I was so startled at this post that I did not even dare to reply

May be OP is hiding some info.

 

If my understanding was correct then OP has been staying in US without any status. Bcos his initial H1 transfer was cancel which means he is no more on H1 from that day.