H1b rfe

[uhs74]

Hello,

My current H1b is expired (Sep-2009) and extension is applied on 30Sep09
I got RFE on 12Jan2010.Needed docs has been submitted.
Now what are the option if RFE is rejected?
1) How many days i will get to leave the country if i have to
2) Can i reapply and stay legally?
3) Can i switch to other company who can apply h1b under this condition?
4)Is there any time duration that once u leave the coutry on RFE rejection ,u can not come for some months or year?

Any information or advice will be very helpfull.

regards,

[milda]

Hello,

My current H1b is expired (Sep-2009) and extension is applied on 30Sep09
I got RFE on 12Jan2010.Needed docs has been submitted.
Now what are the option if RFE is rejected?
1) How many days i will get to leave the country if i have to
If gets rejected then immediately you need to leave the country.
2) Can i reapply and stay legally?
Most probably no. Once you have to go out of the country.
3) Can i switch to other company who can apply h1b under this condition?
Yes. In between, the RFE not approved or rejected, if some company can sopnser, then yes.
4)Is there any time duration that once u leave the coutry on RFE rejection ,u can not come for some months or year?
No. Again with valid visa, you can reenter.

Any information or advice will be very helpfull.

regards,

[Note:- I am sharing my views, contact your attorney for the best advice.]

[shervin143]

My current H1b is expired (Sep-2009) and extension is applied on 30Sep09
I got RFE on 12Jan2010.Needed docs has been submitted.
Now what are the option if RFE is rejected?

1) How many days i will get to leave the country if i have to
>>> You will have to leave immediately if you don't want to accumulate illegal stay. The time that you have already spent in U.S after your last I-94 expiration (sept 2009?) will be counted towards illegal stay if the extension gets denied.

2) Can i reapply and stay legally?
>>> Your company attorney can appeals against the denial. However, if USCIS still rejectes it, then all the time that you have spent in U.S after the last I-94 expiration is illegal. For being illegal for more than 6 months you could get up to 3 year ban. If you are illegal for more than 12 months, you could get up to 10 year ban.

3) Can i switch to other company who can apply h1b under this condition?
>>> Possible. But you need to go for Premium processing. because the transfer should get approved before the extension gets denied (if at all).

4)Is there any time duration that once u leave the coutry on RFE rejection ,u can not come for some months or year?
>>> No.

[UKannan]

What was the RFE? Also be optimistic

[uhs74]

What was the RFE? Also be optimistic

contract proof

it is like
A company -> who give my Payroll and visa holder ( temp or contract basd employee)
B company -> A has contract with B
C comnpany -> C is client of B and also the work location.

submitted docs for this relationship and project details,duration and my role in this proj.

[uhs74]

My current H1b is expired (Sep-2009) and extension is applied on 30Sep09
I got RFE on 12Jan2010.Needed docs has been submitted.
Now what are the option if RFE is rejected?

1) How many days i will get to leave the country if i have to
>>> You will have to leave immediately if you don't want to accumulate illegal stay. The time that you have already spent in U.S after your last I-94 expiration (sept 2009?) will be counted towards illegal stay if the extension gets denied.

[Uhs74] Here Immedialty means ? I mean to leave the coutnry is not easy.You may need pay pending bills,rent,car etc.I think there must be some time to leave.
I m confused

2) Can i reapply and stay legally?
>>> Your company attorney can appeals against the denial. However, if USCIS still rejectes it, then all the time that you have spent in U.S after the last I-94 expiration is illegal. For being illegal for more than 6 months you could get up to 3 year ban. If you are illegal for more than 12 months, you could get up to 10 year ban.

3) Can i switch to other company who can apply h1b under this condition?
>>> Possible. But you need to go for Premium processing. because the transfer should get approved before the extension gets denied (if at all).

4)Is there any time duration that once u leave the coutry on RFE rejection ,u can not come for some months or year?
>>> No.

[Uhs74] Here Immedialty means ? I mean to leave the coutnry is not easy.You may need pay pending bills,rent,car etc.I think there must be some time to leave.
I m confused

[shervin143]

Unfortunately USCIS doesn't care about all that. They treat any time spent after I-94 expiry as illegal stay. You had 6 months time before the expiry of the existing I-94 to renew your petition. I don't know why companies want to wait till the last minute to apply for the extension and get into these kind of issues.

[Uhs74] Here Immedialty means ? I mean to leave the coutnry is not easy.You may need pay pending bills,rent,car etc.I think there must be some time to leave.
I m confused