H1B Extension Denied -- Please help

[gutta_99]

Hi,

My company has files for a h1b extension and an rfe was sent for which we replied. Now the case is denied and my I94 also expired long time back while the case is pending. what are my options now.

Can i start working if we open an MTR and file a new H1B with a new company and get the receipt ?

My company attorney said that its a waste to open an mtr since there is no way i can work even if i do that

I have an Approved I-140. Can i apply for 485 if the priority dates change even though my H1B is denied ?

Please help

Thanks,
Satish

[orion]

Your lawyer is right. No, you cannot work after being denied, not even if you open an MTR.

You can still apply for 485 when your PD becomes current, but you are out of status already and accumulating illegal presence since your I-94 expired.

[txh1b]

If the MTR gets approved, your status will be retroactively restored. However, if that happens, your H1b period during that time goes waste as you are not allowed to work but the clock still ticks.

In case of a denial, you will get screwed big time. A 180+ day overstay earns you a 3 year ban and possibly a 485 denial. A 365+ day overstay gives you a 10 year ban. It is important that you discuss the issues with your legal counsel.

[gutta_99]

Thanks for the quick response.

So the only way i can continue working is after i get a new H1B approved ? I am assuming i can't work on the receipt.

Is it advisable to apply H1B through 2 employers in this current times ?

Thanks.

[txh1b]

Let me be clear. No status extension is possible inside US once the I-94 is expired. You have to go through a CP for any H1b that you plan on getting sponsored. You keep accumulating illegal presence from the date of I-94 expiration.

[gutta_99]

thanks txh1b