H1 status says Denied (Urgent)

[meetmeatohio]

Thanks

Thanks for your replies but I have another couple of questions.

Prior to working with Company A, I was working with Company V. I spoke to them today and they said they sent a letter to cancel my H1 back in May 2007. However, when they checked for my status it still shows that my H1 has not been cancelled. This I 797 is valid till 09/2008.

My questions are:

1) If I go back to Company V on the existing I797 which expires on 09/2008 will it be an issue. If it is, can they withdraw their cancellation letter they sent in May 2007?

2) If some document was overlooked by USCIS abd if my current company (B) re-opens the case, then will be able to

1) Stay in the USA?
2) If yes, then can I continue working for them?

Please let me know.

Thanks

[txh1b]

No, you cannot work for V as they already sent the revoke letter long back. USCIS does not update online status all the time.

2.1 Yes, but if it gets denied, you would have accumulated unlawful presence since the date of denail initially which could lead to 3-10 year ban if it exceeds 185-365 days.

2.2 No work allowed during appeal.

[meetmeatohio]

dumb question

I spoke to my ex - employer and they said they might not have revoked my H1. However, they said that they only have a contracting position open and not a Full time position.

If they still have my H1 then is there any way that

1) I could do contracting with the company holding my H1? (It sounds dumb but I am not sure why)

Could you please let me know?

[txh1b]

I'm not sure that is possible. It all depends on the companies HR policy and is not related to immigration anymore. If they have a valid H1b, they have to pay you on W2 and contracting involves 1099s.

As long as the H1b is valid and meets the LCA conditions and the job profile that H1b was processed for, you can join that company back. If they revoked it, you joining will add more complexity. Talk to a good lawyer on what steps should be taken.

[meetmeatohio]

Thanks for your support

txh1b and all,

I received a new approval from company X today. USCIS also approved my extension of stay. Thank you very much for your support.

I have one question.

My visa and I94 are valid till dec 2009. I assume I can travel outside the US with the same. Please confirm.

Thanks,

[txh1b]

Yes, good luck with your trip! For your own good, you should travel and re-enter. If at all there is a problem later on during GC, you can claim 245(k) exemption.

[meetmeatohio]

great

great thank you.