close
Do you like trackitt?
  • jQuery News Ticker now has support for multiple tickers per page!
  • jQuery News Ticker now has support for right-to-left languages!
  • jQuery News Ticker now has support for loading content via an RSS feed!
  • jQuery News Ticker now has an optional fade effect between items!
  • New updates have been made to jQuery News Ticker! Check below for more details!
  • jQuery News Ticker is now compatible with jQuery 1.3.2! See below for further details and for latest download.
  • Further updates to jQuery News Ticker are coming soon!

Please submit your thread title

Advertisement               
      
Add a new post in this thread Ask an immigration lawyer Receive email notifications when new posts are added to this thread
Start a new thread in this forum

Urgent help needed

Like this thread? I don't like this thread 0I like this thread 0
Posted by sp4gcstatus (103) 13 Feb 2018#1
My h1b transfer/H4/H4EAD got denied today.

My I94 has already been expired and I was under 240 days rule.

What are the options I have? How long I can stay technically keeping in mind that my I94 has already been expired and I am staying with my family and kids.

I really need your valuable input. I don't want to go out of status.

I have I140 approved and working full time with the direct company. My attorney is talking to the firm who has filed my h1.
They will let me know tomorrow.
(reply) I don't like this postI like this post
Posted by permbal (184) 13 Feb 2018#2
to sp4gcstatus:

You can have them refile but since your i94 is expired you have to go out and come back.
(reply) I don't like this postI like this post
Posted by usics (866) 13 Feb 2018#3
to sp4gcstatus:

When did your I94 expire?

If I were in you place, I would leave US immediately (within 24 hrs), so that the I can re-enter in a smooth way later.
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 13 Feb 2018#4
to permbal:

Thanks for the reply.
I am not sure if I need to resign immediately. Waiting to hear from the company, however, don't want to go out of status/illegal.
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 13 Feb 2018#5
to usics:

My i94 was expired in Aug itself.
(reply) I don't like this postI like this post
Posted by permbal (184) 13 Feb 2018#6
to sp4gcstatus:

Was it for spec occu? What is your education?
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 13 Feb 2018#7
to permbal:

My job role was Sr. Analyst. not sure about spec occupation. I didnt see my LCA.
My education is MCA.
(reply) I don't like this postI like this post
Posted by usics (866) 13 Feb 2018#8
to sp4gcstatus:

Dude you have crossed 240 days, you should have left overnight when you got to know about your denial if you want to come back smoothly.
I seriously doubt your next petition approval, sorry but accept the fact. Having an approved doesn't justify anything.
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 13 Feb 2018#9
to usics:

I still have 45 days to complete 240 days from the day I94 is expired. I understand your point but practically it's not possible to wrap up everything and travel overnight.
My company attorney didn't know anything about the denial until I told him.
They are waiting for the denial notice and based on that they will decide the next step.
(reply) I don't like this postI like this post
Posted by pagladeewana (244) 13 Feb 2018#10
You don't need to resign. H1B denial doesn't mean you have to resign immediately.

You will need to leave the country as soon as possible . You technically have time till you receive the notice but I would recommend you to leave immediately
(reply) I don't like this postI like this post
Posted by eruith (105) 14 Feb 2018#11
to sp4gcstatus:

There is no hard and fast rule that you need to leave immediately. 7-10 days is ideally acceptable, but you need to stop working immediately
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 14 Feb 2018#12
to pagladeewana:

Ok. I read somewhere that employer needs to terminate my employment after denial notice. They can't keep me employed after visa transfer is denied.
I have already started wrapping up things as I don't want to deal with out of the status thing for a long time.
(reply) I don't like this postI like this post
Posted by prtrackimmi (197) 14 Feb 2018#13
Why didnt u apply in Premium 6 months earlier than I 94 expiry date?

H1b Extension can be applied 6 months in advance.

But you will surely get approval if u go out of country and your employer refiles H1b. you can come back once H1b approved

These days they are denying H1b just like that and people are applying multiple times
(reply) I don't like this postI like this post
Posted by spideey666 (6747)   14 Feb 2018#14
to sp4gcstatus:

You will be considered out of status for 200+ days now. You are not in status at the moment. Anything more you stay will be counted towards illegaly stay from the day of denial. Crossing 180 days of illegal stay will debar you from entering the country for 3 years.

Dont wait around for your company to take action. They may not know. Talk to your attorney and get things moving and make arrangements to leave. Good luck! Too bad too see so many denials these days.
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 14 Feb 2018#15
to spideey666:

As I understand, I will be out of status on the day of the denial notice. As per 240 days rule, even though I94 is expired, i am authorized to work until decision is made. Not sure how are you calculating 200+ days.
Just spoke to the attorney and they are waiting for the denial notice and based on that they will decide the next step.
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 14 Feb 2018#16
to prtrackimmi:

It was a transfer case and there was no premium when company initiated my transfer. After getting RFE, they converted to premium as well.
(reply) I don't like this postI like this post
Posted by spideey666 (6747)   14 Feb 2018#17
to sp4gcstatus:

Not the way I see it. Out of status starts from the date after your I-94 expired, even if the case was denied later. May be its not 200, but something less. But they do not hold it against you as they know that you stayed because of the pending case. They will even approve your new h1b without I-94 if you leave and apply again. Illegal stay start counting from the day your case is denied.
(reply) I don't like this postI like this post
Posted by usics (866) 14 Feb 2018#18
to sp4gcstatus:

The clock for 240 day rule starts from the day your I94 expires, but as your petition was pending decision that clock was not enforced. Now that it's denied the whole clock is re-inforced starting from the last of the I94 end date.
Now you can do the calculation of number of days from your I94 expiration & today(& counting).

You have another big issue coming - You will surely get RFE for your next petition, asking to explain why you overstayed your I94. When you say your petition was pending, USCIS would go into the petition & see that there was a denial & looking into the current situation don't be surprised if you get another denial.
Youe attorney seems to be a crap - sorry for the words but all attorneys get alerts & notifications on the petition, they were least bothered on your petition process as you gave approached them after knowing the denial status.

Better search a good employer with a good attorney (rare to find such a combination)
(reply) I don't like this postI like this post
Posted by sp4gcstatus (103) 14 Feb 2018#19
to usics:

As soon as i came to know the decision, I only told my attorney. Again I am asking my options and she is saying that she can tell those options only after seeing the actual denial letter. It will have the reason for the denial and they can decide whether to refile or MTR. However, i am doing my part and wrapping up things to leave asap.
(reply) I don't like this postI like this post
Posted by usics (866) 14 Feb 2018#20
to sp4gcstatus:

I have a friend who was in a very similar situation in 2013, she received the status notification in her email around 10 in the morning & before the date could change she was on a flight to India, that made here I94 exit show the same date. She got her petition reapplied & as expected was the RFE, she justified it by showing the email notification date she received & her I94 & flight ticket. Her new H1 was approved.

Lessons I learnt - Don't Don't Don't rely on attorneys suggestions, they are not god. They just need $$, making you delay your exit gives them more business as you receive more RFEs & they earn for each RFE reply. No attorney would be happy if you got approved in a single shot. This is a dark secret, try making friends with the persons who are paralegal/attorney staff.
How do I know this - My wife worked as an intern in a law firm.
(reply) I don't like this postI like this post
 



Do you like trackitt?
Add a new post in this thread Ask an immigration lawyer Receive email notifications when new posts are added to this thread Start a new thread in this forum
5 users watching this thread
Tell your friends about trackitt