H1B Transfer Denied on B but have vaild i94 on A

[[email protected]]

Hi,

Entered US to work for company A on H1B with visa & I-94 valid till Sep-2016 and worked on company until Dec-2015. Before Joining company B, Informed to company A that due to personal reason I'm going to Home country (As I know if my case is denied I can switch back to company A and also they hold my two paycheck amount with them)

Joined good offer from Company B and they initiated a H1B transfer with Premium and started working from 1-Jan-2016 to 19-Apr-2016 for Company B's client on receipt notice. RFE received on Mid Jan-2016 and was responded for RFE on 7-Apr-2016 and 19-Apr-2016 status shows as denial decision on the transfer case because of Educational evaluation certificate is not sufficient.

So now I joined back to Company A stating I got an offer and I'm returning back from Home country. Starting from 20-Apr-2016 I've started working on company A.

Questions:

1. By Sep-2016 my i94 going to expire and I need to file H1b extension with company A. Is that any issues will come for my extension. Like based on the previous transfer denial it will affect?
2. From Jan-2016 to 19-Apr-2016 my payroll ran from company B which was denied. What should I need to do with that? Can I ask my company A to run the payroll all four months?
3. Can two employer run my payroll simultaneously?


Experts , Attorney please respond. Your advice would be of great help to get me out of this.

Thank you.

[raghvi]

Hi,

Entered US to work for company A on H1B with visa & I-94 valid till Sep-2016 and worked on company until Dec-2015. Before Joining company B, Informed to company A that due to personal reason I'm going to Home country (As I know if my case is denied I can switch back to company A and also they hold my two paycheck amount with them)

Joined good offer from Company B and they initiated a H1B transfer with Premium and started working from 1-Jan-2016 to 19-Apr-2016 for Company B's client on receipt notice. RFE received on Mid Jan-2016 and was responded for RFE on 7-Apr-2016 and 19-Apr-2016 status shows as denial decision on the transfer case because of Educational evaluation certificate is not sufficient.

So now I joined back to Company A stating I got an offer and I'm returning back from Home country. Starting from 20-Apr-2016 I've started working on company A.

Questions:

1. By Sep-2016 my i94 going to expire and I need to file H1b extension with company A. Is that any issues will come for my extension. Like based on the previous transfer denial it will affect?
2. From Jan-2016 to 19-Apr-2016 my payroll ran from company B which was denied. What should I need to do with that? Can I ask my company A to run the payroll all four months?
3. Can two employer run my payroll simultaneously?


Experts , Attorney please respond. Your advice would be of great help to get me out of this.

Thank you.

I didnt understand this arrangement that you can switch back to A and they have held your two Months of payment. I dont think that is legal too.

I believe you are currently out of status because you worked for and got paid by B without approval, and then started working for A, again without an approval. Merely having a valid I797 and past I-94 does not in itself grant you valid work authorization with A.

I would suggest you talk to an experienced attorney to get this sorted out.

This is my opinion not legal advice.