Help me ..Can I go for H1-B stamping...?

[bond_76]

i worked for company A from 2004 to 2006 sept. They had a valid Petition from oct 2004 -october 2007.
I intended to transfer to company B who filed for my H1-B transfer in october 2006 which had multiple RFEs and later on rejected. company B had appealed against the rejection with a motion to reopen granted. Since Company B received the receipt i worked for them until i discovered about the denial until Aug 2007. I kept working at the client. The employer is a jerk who never informed me about that..As my petition from A was still valid till oct 2007, I left the country and returned back on A's visa and petition and revalidated that petition. I filed for H1B extension in oct 2007 and approved.

Later on IN March 2008, I got my H1B transferred to company C and approved. I have been working for C for last i year and continuing to work for him at the client..

Here is dilemma i am in..

1) I am going for the H1B stamping, Does my previous H1B Denial from Company B, will have any effect at the consulate?

2) My H1B transfer for B was denied in Jan 2007, BUt i kept working for him till AUg 2007. When questioned, Employer B told me that as he appealed the case, so i was good to work. Did i incur any out of status time.. WIll it have any effect for H1B stamping..

3) In DS-157 i need to enter previous employer info. If i enter company B details..will it have any impact..
Except these I have all the freaking documents required, like client letters, MY I-20s ( from MS days..), ALl the w-2s ( of course from 3 differnt employers..) etc...

PLease help me make my decision to go for visa.. I have scheduled to leave on 18 th FEb...

[txh1b]

1. Possibly
2. Yes, possibly. You have to declare that you violated H1b visa terms in DS156.
3. You cannot hide or lie anything on the visa forms and will possibly lead to permanent denial.

[bond_76]

The USCIS website still shows my motion to reopen is still Pending? Is it the up to date information from them. It has been 2yrs since it is pending...

My question is IF i had been out of status why i was awarded the H1-B extension followed by a H1-B transfer to a different company..?

DOesn't USCIS take all the factors into account while awarding the H1-B extension or H1-B transfer..?

[txh1b]

USCIS can approve a new petition due to oversight but it also reserves the right to retroactively revoke all approved petitions if it discovers at a later stage that the person has violated the status. Sad but true.

http://www.immihelp.com/forum/showthread.php?t=58609

The situation would have been different if you quit working for the employer right after the denial but the fact that you continued working for them for so long after the denial is a big reason to look at your case in detail during stamping and definitely during the green card process.

[bond_76]

Help me ..Can I go for H1-B stamping...?

Does it imply that,
I can never go to stamping and come out clean..SO my best bet is ride it out as long as i can.. without stamping...

As far as denial is concerned, it was all due to petitioner, It was no fault of mine.. I was not on bench for a single day since my masters...


I was told by an attorney that, I didn't incur an out of status time as i never overstayed my 1-94. as my i-94 from employer A was still valid till oct 2007.

[txh1b]

Out of status and illegal are different. Attorney's definition of I-94 is for illegal stay. You are out of status the day you do not maintain your status.

You have to take a risk. I am not saying you should stay forever like this. You need to be prepared for a calculated rsk. Since your appeal is in process, technically, that case is still not closed completely. But you can never work during an appeal.

[bond_76]

Help me ..Can I go for H1-B stamping...?

The USCIS website shows

Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: Denial Notice Sent

On March 4, 2008, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the March 4, 2008, please call customer service at 1-800-375-5283 for further assistance.



I also remember It had denail on January 25, 2007. SO when is the final denial notice.. THe Motiion has a different recept number and it shows it is still pending...
I never received any denial notice from employer...I am confused when was it actually denied...right now USCIS website shows as Mar 4 2008.

I left this employer in aug 2007 itself..

Does it mean i never incurred unlawful status time..

If infact i incurred out of status time ..
WHy would USCIS approve me extension for my first employer..
Lets assume it might have been oversight...

Infact it transferred my H1B to company C...

I don't think it is oversight...

Isn't it USCIS who will determine whether somebody can work here not the consular officer.. please shed some light on this..

[txh1b]

You had unauthorized and illegal work period. You were also out of status at the same time. One could have 10 different petitions approved but maintain status by working for at least 1 employer and getting paid through them. USCIS used last 2 pay stubs probably for extending a H1b. During the GC, you have to declare all employment history (also during visa) and you would be incriminating yourself if you tried to lie or hide the facts at any of these stages.

USCIS approves the petitions, consular officer determines if you are eligible for the visa by reviewing your history.