H1b renewal denied I94 expired

[mehtman]

Hi
I badly need some good suggestion

I worked for company A for 3 years. Have all pay stubs and w2 everything. They filed my h1B renewal premium processing on oct 06 2011. My first H1B expired oct 10 2011. I got my H1B renewal receipt oct 08 2011. Then I got a denial notice dated nov 14 2011 saying employee employer relationship not explained. Actually I worked at company C through a mid client B.

I stopped working from 14 nov and took a visa date in Canada early next week (nov 21) (as i am a Canadian PR) to get my status to H4 visa as my wife still working on H1B.

Meanwhile my mid client B (a very big company with direct client c) wants to file my a new H1B visa (as soon as I get H4 and a new I94......) and offer me employment. But I am very worried now because the H1B visas cap is going very fast. As updated on 16 Nov its already 57K. So less than 9K left.

So, my question is will my new H1B (filed by mid client B) will be considered against cap as my precious renewal was denied or I would be able to apply new H1B without subject to cap as I was considered against the cap once(when I applied my first H1B).

[shervin143]

You don't have to go through the new CAP. YOu can use the CAP from the previous approval notice to file the new petition. You will get 6 years minus whatever time that is already spend in H1B + L1 combined.
Better leave the country immediately. Anytime that is spend in U.S after your I-94 expiry date will be considered as illegal stay and it can cause issues when you accumulate more illegal stay.