will appreciate your help -2nd time RFE - need h1b deadline for application

[Parvathi]

Hello All,

I'd really appreciate your help on my question.

I did my Masters in US and had h1b for 3 yrs, which expired in mar 09 with company A. I worked for them for 3 yrs. ( My I-94 also expired).

Now, I applied for Transfer + extension with company B Feb 09, got an RFE in May. My company B answered it, and a second time RFE was received today, asking for additional documents about my company's Fire Department and County certificates. My employer told me the seating area is only 3 in their company, and they submitted various people, as doing in-house projects. They think it'd be a risk to answer the query for their company and want to withdraw the petition.

Now, some of my friends told me I could apply for a fresh H1-B under the quota for fiscal year 2010 starting Oct 1, 2009. Is this true ?

When is the deadline for submitting h1b petitions for fiscal year 2010. Is it oct 1, or till the date the quota fills ?

Also they're saying the LCA takes 2 weeks now, and It'd be tough to file in these 2 weeks.

Please suggest me an option to get my h1b visa and continue working here.
Your help would be very much appreciated.

-Parvathi

[shervin143]

You can go back to Company A or find a new employer and transfer your H1B. You still have 3 years left in your current H1B.

>>>> Now, some of my friends told me I could apply for a fresh H1-B under the quota for fiscal year 2010 starting Oct 1, 2009. Is this true ?

Yes. But why do you want to apply for a fresh H1B?

>>>> When is the deadline for submitting h1b petitions for fiscal year 2010. Is it oct 1, or till the date the quota fills ?

You can even submit after Oct 1st if the CAP is not reached.

[txh1b]

You can go back to Company A or find a new employer and transfer your H1B. You still have 3 years left in your current H1B.

>>>> Now, some of my friends told me I could apply for a fresh H1-B under the quota for fiscal year 2010 starting Oct 1, 2009. Is this true ?

Yes. But why do you want to apply for a fresh H1B?

>>>> When is the deadline for submitting h1b petitions for fiscal year 2010. Is it oct 1, or till the date the quota fills ?

You can even submit after Oct 1st if the CAP is not reached.

If the I-94 expired, the person cannot go back to company A. The reason the person wants to apply for a H1b is unknown. But the person can leave the country, have a CP case filed by another employer without a fresh H1b.

[txh1b]

Hello All,

I'd really appreciate your help on my question.

I did my Masters in US and had h1b for 3 yrs, which expired in mar 09 with company A. I worked for them for 3 yrs. ( My I-94 also expired).

Now, I applied for Transfer + extension with company B Feb 09, got an RFE in May. My company B answered it, and a second time RFE was received today, asking for additional documents about my company's Fire Department and County certificates. My employer told me the seating area is only 3 in their company, and they submitted various people, as doing in-house projects. They think it'd be a risk to answer the query for their company and want to withdraw the petition.

I think your petition is pretty much denied as the fire department and internal projects of all people they filed is fraudulent. You have to leave immediately as your I-94 expired and you continue to accumulate illegal presence.

Read my other post as you can get a CP case filed that is not subject to cap and return with a new visa stamp. Make sure your employer is good.

[Parvathi]

Shervin143 and txh1b can't thank you guys enough for your reply. Really a bit relieved to know the sept 30th deadline won't apply if the quota isn't filled.

shervin143, I can't go back to company A, they sold the company to a different company who doesn't recognize me, because I transferred to Company B, just before the company was sold. Also Company A is under a different name now, let's say company Z. So even if I apply with them, it'd be equal to applying with Company C.

>>Yes. But why do you want to apply for a fresh H1B?

My first h1b ( given for 3 yrs - expired mar 09) so I cannot apply for transfer or extension now with other company, especially because now uscis is waiting for Company B to answer the RFE. So I was told by a friend that applying for a fresh h1b would be best. Please clarify.

txh1b, yes you're right, company B finds it tough to answer the fire department report.

I don't know what a CP case is, but will try to find it now in your previous posts. I'll get back if I can't find the thread.

Also, I've below questions :

1) If employer B withdraws his petition, before I get a Receipt number for my new H1-B petition with company C, would I be out of status and will it affect USCIS decision on her new petition with Company C. ( Company B is so lookng forward to withdraw the petition soon, I asked them for sometime).

2) If I file for a new H1B, lets say if it takes 2-3 months to get approved, what would be my status in the US in these 2-3 months , once employer B withdraws his petition ? Can I work for employer C or need to wait until the H1-B gets approved ?

3) I'm not able to find how much of the quota is filled as of today in any forums or uscis website. Do you've an idea ? If so, can I still apply under the Masters Degree quota because I did my MS here in comptuer science ?

4) Filing a brand new peition would still be valid ( before employer B withdraws the petition ), is that correct ?

Would very much appreciate your help. Can't thank you guys enough for taking time to answer my questions.

[Parvathi]

txh1b,

my petition isnt denied yet. received the 2nd RFE about fire dept reports today, and company B wants to withdraw( they've to withdraw before 30 days) . I'm guessing I'd still have 30 days to file for a new h1b.

I read your post about CP, I understand you're saying it'd be helpful if I return to india and get back here ? is that correct ?

Also, I didn't start processing for EAD yet. I wanted to do it once my 2nd h1b ( ie one after first 3 yrs ) gets approved.

Really appreciate your time and knowledge answering my questions.

- Parvathi

[txh1b]

txh1b, yes you're right, company B finds it tough to answer the fire department report.

I don't know what a CP case is, but will try to find it now in your previous posts. I'll get back if I can't find the thread.

Also, I've below questions :

1) If employer B withdraws his petition, before I get a Receipt number for my new H1-B petition with company C, would I be out of status and will it affect USCIS decision on her new petition with Company C. ( Company B is so lookng forward to withdraw the petition soon, I asked them for sometime).

2) If I file for a new H1B, lets say if it takes 2-3 months to get approved, what would be my status in the US in these 2-3 months , once employer B withdraws his petition ? Can I work for employer C or need to wait until the H1-B gets approved ?

3) I'm not able to find how much of the quota is filled as of today in any forums or uscis website. Do you've an idea ? If so, can I still apply under the Masters Degree quota because I did my MS here in comptuer science ?

4) Filing a brand new peition would still be valid ( before employer B withdraws the petition ), is that correct ?

Would very much appreciate your help. Can't thank you guys enough for taking time to answer my questions.

1. Yes, you are illegal (not out of status) as your I-94 already expired. No other EOS is possible within US. Read about "bridging" on the forum.
2. No. That has to be a Consular Processing case. You can only work once you return with a visa and I-94.
3. Doesn't matter. Quota remains open. The last I remember reading was 40k filed.
4. Doesn't matter as your EOS is no longer poassible with the I-94 being expired.

[txh1b]

txh1b,

my petition isnt denied yet. received the 2nd RFE about fire dept reports today, and company B wants to withdraw( they've to withdraw before 30 days) . I'm guessing I'd still have 30 days to file for a new h1b.

I read your post about CP, I understand you're saying it'd be helpful if I return to india and get back here ? is that correct ?

Also, I didn't start processing for EAD yet. I wanted to do it once my 2nd h1b ( ie one after first 3 yrs ) gets approved.

Really appreciate your time and knowledge answering my questions.

- Parvathi

Wrong assumption on your part bolded in red above. Your illegal stay counts from the date of I-94 expiry. No other status extension possible. Read about "bridging" on the forum.

Resr of the post is non relevant to this case.