MirzaSam Posted September 3, 2015 Report Posted September 3, 2015 Hi , My current H1 visa with my old employer expires on 09/23/15, my new company had already applied for my H1 Transfer on March 1 but there was an RFE which my company responded on July 7th. The H1 transfer was applied with recapture of 10 months as I was out of USA for that period. I had been on H1 since 2009 ,so ideally speaking I should just get that 10 months of H1. My concern is on 09/23/15 ,if the decision does not come what would be the scenario. But if my extension gets denied after that time ,then do I start accumulating illegal stay since 09/23 Then will I be in a situation to apply for different status such as H4/F1 or I am already considered out of status from 09/23. May be best option to consider is work on changing the right now to such as H4/F1 as I still have around 2weeks.If so, how long could that take and will I be considered as out of status until the changed status is approved. I appreciate you responses Thanks
jairichi Posted September 3, 2015 Report Posted September 3, 2015 If your I94 expires on 9/23/2015 and your H1B petition is denied after that you will be accumulating illegal stay from the date of denial. You cannot move to F1 status as admissions for fall session is over. H4 is the option left for you. Why don't you upgrade to PP? What was RFE about?
MirzaSam Posted September 3, 2015 Author Report Posted September 3, 2015 Even if I upgrade to PP what will the status be.if I get rejection what should I do.can I go to canada and get h4 stamped in about 2-3days
MirzaSam Posted September 3, 2015 Author Report Posted September 3, 2015 If my h1 is denied after 9/23 and I have to leave the country immediately.then if i apply for h4from india will that create a problem stating that I stayed beyond 9/23
jairichi Posted September 4, 2015 Report Posted September 4, 2015 Even if I upgrade to PP what will the status be.if I get rejection what should I do.can I go to canada and get h4 stamped in about 2-3days If you upgrade to PP you will get a decision in 15 calendar days. You need a visitor visa to Canada? If you do not then forget about it.
jairichi Posted September 4, 2015 Report Posted September 4, 2015 If my h1 is denied after 9/23 and I have to leave the country immediately.then if i apply for h4from india will that create a problem stating that I stayed beyond 9/23 Depends on how quickly you leave the country.
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