H1B Denial recently and apply for Counselor Processing Urgent Plz

[Ishunai]

Hi,

Below is my situation:

My original H1B with Employer A has been revoked in May 2015 due to some issue with the company and before that he applied for amendment in Mar 2015 (I-797C) which is still in review with USCIS. However, I have changed company to employer B and applied for H1B transfer which is now got denial on Nov 25 2015 due to client letter missing as stated in the new RFE I received and so my employer B is now applying for Counselor processing through premium and also I have a valid I-94 up to March 2016.

My Questions:

1. As I got denial notice on Nov 25 2015 can I stay in US until my new H1B through counselor processing got approved or until I received initial approval receipt notice (say I-797B). What are all my options and what is the risk factor in staying in the US until i received my new approved receipt and also can I continue working during this process if I get a contract job?

2. Since I have valid I-94 until March 2016 and after I got my new H1B approved can I travel to Mexico and re-enter into US with New I-94. Also is there any questions I will be asked during board of entry into US?

Your Immediate help is highly helpful.

Thanks,
Ishu

[raghvi]

Hi,

Below is my situation:

My original H1B with Employer A has been revoked in May 2015 due to some issue with the company and before that he applied for amendment in Mar 2015 (I-797C) which is still in review with USCIS. However, I have changed company to employer B and applied for H1B transfer which is now got denial on Nov 25 2015 due to client letter missing as stated in the new RFE I received and so my employer B is now applying for Counselor processing through premium and also I have a valid I-94 up to March 2016.

My Questions:

1. As I got denial notice on Nov 25 2015 can I stay in US until my new H1B through counselor processing got approved or until I received initial approval receipt notice (say I-797B). What are all my options and what is the risk factor in staying in the US until i received my new approved receipt and also can I continue working during this process if I get a contract job?

2. Since I have valid I-94 until March 2016 and after I got my new H1B approved can I travel to Mexico and re-enter into US with New I-94. Also is there any questions I will be asked during board of entry into US?

Your Immediate help is highly helpful.

Thanks,
Ishu

Did you join the new employer merely on the basis of receipt?

In order to be in valid status you need to have valid I94, and be paid by the H1 employer who holds a valid approved petition for you. You may be having a valid I-94 and be getting paid by the employer but that employer's petition got denied, this renders you out of status from the day you joined this employer. You should plan to leave immediately and go for fresh stamping if visa expired OR re enter with an approved I797.

This is my opinion not legal advice.

[Ishunai]

H1B Denial recently and apply for Counselor Processing Urgent Plz

Hi Raghvi,

My Visa & I94 same is still valid upto March 2016 as I mentioned earlier and my new H1B is in counselor processing now and the new petition with new employer got denial on Nov 25 2015. Question - I will be out of status from Nov 25 2015 correct as I joined with new company on Oct 2015. Also can I stay in US until my new H1B through counselor processing got approved or until I received initial approval receipt notice (say I-797B). What are all my options and what is the risk factor in staying in the US until i received my new approved receipt and also can I continue working during this process if I get a contract job?

[raghvi]

I think you did not understand my point, your I-94 and I797 and pay stub should be from the same employer at any given time, what you seem to be holding on to is old I-94 and visa from previous employer but pay stubs of current employer and an I797 denial for current employer which makes you of of status.

This is my opinion not legal advice.