H1 Denied, new H1, MTR is on the process

[vishnu16]

Hi,
Please answer my queries. Very Urgent.
My I94 expired on sept 26 2010. Applied H1 extension in Sept 2010 .
H1 denied on May 5 2011 after query. Employer said it is random denial and asked about employee and employer relationship.
New H1 applied with different company on 2011 May 27. Approved and said status active after Stamping(counsulate)
Employer Opened MTR on Denial and now already 4 months over but no response
and another MTR opened on New H1 asking that i may not go for india. Already 2.5 months over but no response.
What is my status? Can i work? May i need to go for India for stamping. If so what are the chances of getting approval.
Employer is saying my status is legal as MTR is running but i can'not work. Please suggest what i need to do.

Thank you very much for your response.

[shervin143]

Your stay past the I-94 expiry date is considered illegal. The chances of the first MTR getting approved in your case is very less. H1B Transfer with a new I-94 is not possible when you have filed the transfer with an expired I-94. So the chances of the second MTR getting approved for COS is very slim to none. If your stay is illegal for more than 6 months, you could get up to 3 year ban. If you stay illegally for more than 365 days, you get up to 10 year automatic ban. No one can predict what might happen in the visa interview. You shouldn't have stayed this long in the country worked illegally. Do consult an immigration attorney.

[vishnu16]

Your stay past the I-94 expiry date is considered illegal. The chances of the first MTR getting approved in your case is very less. H1B Transfer with a new I-94 is not possible when you have filed the transfer with an expired I-94. So the chances of the second MTR getting approved for COS is very slim to none. If your stay is illegal for more than 6 months, you could get up to 3 year ban. If you stay illegally for more than 365 days, you get up to 10 year automatic ban. No one can predict what might happen in the visa interview. You shouldn't have stayed this long in the country worked illegally. Do consult an immigration attorney.

Hi Shervin,

Thanks for the reply. I am waiting for MTR as my employer said my stay is legal. Now From what time my stay looks illegal?
Is it from I94 expired date? that is Sept 2010
or First H1 denial? that is May 5 2011.
From Sept 2010 to May 5...h1 extention process went. So this period also treats illegal?
MTR does not give any thing to stay?

Please answer. Thanks for all your time.

[shervin143]

Basically, if the extension is denied, then the time spend in U.S without a valid I-94 is considered as illegal stay. Like I mentioned earlier, if your MTR turns out to be positive and if you get a new I-94, then you are good. If not, then all the time spend in U.S after the I-94 expiry date is considered as illegal stay. You cannot stay in U.S just by keep filing MTR's. Your employer might say anything to keep you in the country and make money out of you. Ultimately it is you who will be suffereing becuase of the illegal stay. Staying illegally and working for more than a year based on a MTR is never the right thing to do at the first place. Do consult a good immigration attorney.

Hi Shervin,

Thanks for the reply. I am waiting for MTR as my employer said my stay is legal. Now From what time my stay looks illegal?
Is it from I94 expired date? that is Sept 2010
or First H1 denial? that is May 5 2011.
From Sept 2010 to May 5...h1 extention process went. So this period also treats illegal?
MTR does not give any thing to stay?

Please answer. Thanks for all your time.