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  #1 (permalink)  
Old 04-28-2010, 12:54 PM
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rathodman is on a distinguished road
Default Need help (Urgent) - H1B Denial and Options

Hi,

I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:

1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?

I'll really appreciate your response on this.

Thanks,
Manish
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  #2 (permalink)  
Old 04-28-2010, 09:53 PM
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seeniraj has a spectacular aura about seeniraj has a spectacular aura about
Default Rfe

Could you please post the RFE details ?
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  #3 (permalink)  
Old 04-29-2010, 11:44 AM
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whattodo21 will become famous soon enough whattodo21 will become famous soon enough
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You can apply for an MTR, and if it is approved, you are safe. If not, you will be out of status from the day your petition was denied.
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
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