H1B petition(transfer)denied, applied for H1B premium processing

[AshwiniAnnigeri]

Hi,
I came to US in Jan 2008 from company A with the H1B VISA. In July 08, i moved to company B and started working there after receiving the H1B transfer receeipt. The USCIS had asked company B for RFE(date issue in LCA) and the company B responded. But the response was delayed, so the USCIS has sent the my H1B petition denial on Nov10th. Now there is company C which is ready to apply for my H1B premium processing immediately.

Is it legal for me to stay in US till I get to know the status of my H1B Premium processing. Or is it required for me to return to India immediately. I had mixed opinion as I can continue my stay here and once H1B Premium Processing is approved I need to go to Canada and get the stamping done.

Please let me know what exactly I can do in these situations.

Thanks

[txh1b]

No more status changes permitted as you are already out of status. They could try though.

Search for "bridging" on the forum and read the posts.

[AshwiniAnnigeri]

Thanks for the response. I also scanned through the posts in bridging, but did find an exact match to my scenario.

I also spoke with the company's attorney on the same. Just want to clarify that company C is not trying for H1B transfer again and instead they are going to apply for premium processing of my H1B Petition.
Can you please provide your thoughts.

[txh1b]

It is not any different. You have to go out and enter if C gets approved.

[AshwiniAnnigeri]

Right,..i need to go out and reenter if H1 petition from C gets approved in Premium Processing.
Is that
1)I need to leave US immediately and come back to US after i receive H1B approval notice
2)I can continue to stay on receipt of Premium processing from USCIS.
3)I can still continue my stay in US till I get to know if the H1B petition in premium processing gets approved and once approved I can go to Canada and get the stamping done.

Note: Its clearly mentioned in my denial notice that the case has been denied dur to the mistake of Petitioner alone. Will this impact my current H1B Premium processing initiated by company C.

[satishnvp]

Right,..i need to go out and reenter if H1 petition from C gets approved in Premium Processing.
Is that
1)I need to leave US immediately and come back to US after i receive H1B approval notice
2)I can continue to stay on receipt of Premium processing from USCIS.
3)I can still continue my stay in US till I get to know if the H1B petition in premium processing gets approved and once approved I can go to Canada and get the stamping done.

Note: Its clearly mentioned in my denial notice that the case has been denied dur to the mistake of Petitioner alone. Will this impact my current H1B Premium processing initiated by company C.

Hi Ashwini.. I am in the same boat.. Can you please tell me how did you proceed.

Regards

[txh1b]

1. Leave immediately as you will be accumulating unauthorized stay.
2. No as you are out of status already in fact illegal.
3. No, you cannot stay. You have to declare illegal stay in DS156 at the time of stamping.

Whose mistake it is does not give any additional weightage.