H1B transfer & extension pending for 7month,240 day limit & max out is approaching.

[H1BEE777]

Hello All,

My H1B visa transfer with extension is filed in Nov 15, 2018 and is still in progress. Please find the details.

Petition filed on 15 Nov 2018.
My H1B visa expired on 31 Dec 2018.
I-94 expired on 10 Jan 2019.
Also my H1B 6-year max out is 31 Dec 2019.

Note: My I-140 is not approved. My PERM is in process with my new Employer.

Now it is 7 months after my petition filed for H1B transfer and extension by Employer-2. The filing is Regular and not Premium. I would like to know if I have to go out of country in case a decision is not made within the 240 days period. Also please let me know if I have to stop working and leave the country in case the petition is denied. What are the other options available in case of denial?

Thanks in advance for your time.


Regards,
H1BEE777

[rinkudikku]

In case of your current petition is denied your second employed can go for consular approval notice and in that case if its approved you need to get out of us and need to get new stamping and can reenter us and start working with your new employer.

[H1BEE777]

In case of your current petition is denied your second employed can go for consular approval notice and in that case if its approved you need to get out of us and need to get new stamping and can reenter us and start working with your new employer.

Hello rinkudikku,

Thanks for the reply!

But I would like to say that my I-140 is not approved yet and my PERM processing is in progress by new Employer. In this scenario, will this Consular Processing is a possible option?
Again, before filing consular application, do I need to go back to India as my stay after denial will not be legal?


Regards,
H1BEE777

[rinkudikku]

But I would like to say that my I-140 is not approved yet and my PERM processing is in progress by new Employer. In this scenario, will this Consular Processing is a possible option? -- I am not sure on this check with your attroneys.

Again, before filing consular application, do I need to go back to India as my stay after denial will not be legal? --Yes you will have to go back as you might have the grace perions and if you have exceeded the grace period you stay is illegal. just check with your attorneys or the new company if stay in us is mandatory for consular processing to be filed.