H1B Denied

[ydeepthi]

Hello,

 

Need help URGENTLY !!!!

 

I came to USA on H4 on nov 2010, and applied h4 extension  in 2013 , got an i-94 validity

 

untill sep 2016. But I applied new H1B  with company A  with validity  oct 2013 to sep 2016.

 

Later on i moved to company B and applied H1B with company B in Aug 2015 and started

 

working on recepit number,changed the h1b process in to premium in jan 2016, got an

 

RFE in feb 2016 and H1 got denied on march 10th 2016 with emp to emp relation is not

 

satisfaction.and previous H1b is revoked on Nov 2015 by company A.

 

1)Am i out of status now?What are my option?

 

2)Company B is opening MTR and new petition? Can i continue working?Emp is saying i can continue working? is that true?

 

3)My H4 i94 is still valid? will that keep my stay legal?

 

4)Do i have to leave the country immediately ?

 

5)From when the stay becomes illegal ? is that after denial or from nov 2013 where my previous h1b is revoked or from the date where the new H1B is denied.(march 10th 2016).

 

6)is my h4 is still valid?

 

Please give me some advice.

 

 

[JoeF]

You are out of status.

an MTR does not give you any immigration rights.

You need to leave the country ASAP.

[rahul412]

You are currently out of status, so you cannot work now. You can't even work when your MTR is under process and it won't provide any legal status.

 

The only option you have is to file COS to H4 or B2 and next time go for a real employer, not a consulting firm.

[rohang]

1)  yes, apply for B2 visa.

 

2) I dont think MTR gives you right to work

 

3) No, H4 status is gone 

 

4) Yes.

 

5) I am confused , were you working for employer A from 2013-2015?

 

6) No, visa might be valid but you are not on H1b status.

[permaudit]

1. Yes you are out of status

2. No you are not suppose to work now that a decision has been taken on your petition. Employer is wrong and misleading you.

3. No your H4 is not valid

4. Not sure about this, I think you will have some grace period. Talk to an attorney about it.

5. You will be accruing illegal stay from the day your Employer A petition has been revoked.

6. No. After COS to H1, your H4 will become invalid. You cannot have 2 H statuses at any point in time.

 

Best bet is check on the Grace period, and apply for a H4 immediately. Its safer to leave the country and work on your petition rather than staying in the US illegally.

 

All the best!

[Attorney_15]

The law does not give any grace period for someone whose H1B petition has been denied. Time out of status starts from the denial of the petition and the motion challenging the denial does not provide permission to stay or work in the USA. As the person's status was changed from H4 to H1B, the H4 I-94 Card does not provide status. A person in this situation can leave the USA and return in H4 status based on an H4 Visa - assuming there is still a spouse in H1B.