H1 transfer Denied further options?? Urgent


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I have a valid visa and I94 with employer A (consulting firm) till Sept 2011.

I recently started working for Employer B (Big Organization) at client's location in the month of June as soon as he got the EAC number for filing the H1-B petition.

But couple of days back (July 20) I received a denial notice from USCIS for the H1-B transfer.

Reason for Denial: Wrong filling of LCA by the Employer B

Immediately took consultation from Legal Department, Murthy Law firm which has addressed me:

As currently My H1-B petition filed by Employer B was denied by USCIS, its unlawfull to work or stay in this country as of now and should leave the country ASAP and gave me two options.

Firstly, he said the moment the individual joins the other employer and starts working on their H-1B (in this case Employer B) it is deemed that the other job ( employer A) is foregone or lost.

But when i told the Attorney that my old employer has not revoked the H1-B yet and it is currently in ACTIVE status he said there is an option where i can refrain from leaving this country and can be back to status.

This is possible by leaving the country for atleast few hours and enter back with a valid new I94 and report back to your old employer. By this way i would be completely legal to work in this country again.

Secondly, Leave the country, re-apply for a new H1B and then come back with valid VISA, which of course is time taking process

By doing this he said I would be legally working in US for my old employer A and there wont be any issue.

Since I live in San Diego I immediately went to Tijuana at around 10:30 PM to get the new I-94 and returned back.

At the Homeland security the officer said i have a valid VISA/H1-B petition & I-94 till Sept 2011 and I wont issue a new I-94 cause it is already in valid status and I am free to enter United States.

Currently after taking all the risk I am still under jeopardy and have no clue as in what to do,.. as i had an appendix surgery last week i atleast got some reason to take off from the client but I dont have any reason to escape from this situation.

Experts, please let me know what options are available for me and I greatly appreciate



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I had similar situation. Generally they do not issue a new I-94 when you drive across the border. Your best bet would be to fly to Canada and return by flight. When you leave, you are supposed to hand over your current I-94 to the airline. So when you fly in, they always issue a new I-94.

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