H1B transfer denied, Reapply for cosular processing

[prkishore]

Hi,

I came to US in May 2006 and started working for Company A. Got extension with I94 till Feb 2011. In Feb 2009 i moved to company B and filed for H1 transfer.

H1 transfer got denied on June 3rd 2009 and was reapplied for new H1 that requires consular processing on June 15th 2009.

I am confused on my legal status as Company A has applied for cancellation of H1.

Please advise me
1. Am i in legal status now.
2. Am i on the right path by reapplying H1
3. Can i continue to work for Company B
4. How much time do i after new H1 approval before going for visa stamping.
5. What are my options if even this new H1 application gets rejected.

I am really confused as i cant find too much material for this kind of a case on the net. Any help would be greatly appreciated.

Thanks.

[sbmallik]

At the moment you cannot work for company B. Since the new H-1B application is through consular process, you can start working only after a successful visa stamping. Moreover, if company A revoked the H-1B status, then your legal status in the US is in jeopardy.

[martinvisalaw]

Originally Posted by prkishore

Hi,

I came to US in May 2006 and started working for Company A. Got extension with I94 till Feb 2011. In Feb 2009 i moved to company B and filed for H1 transfer.

H1 transfer got denied on June 3rd 2009 and was reapplied for new H1 that requires consular processing on June 15th 2009.

I am confused on my legal status as Company A has applied for cancellation of H1.

Please advise me
1. Am i in legal status now.
2. Am i on the right path by reapplying H1
3. Can i continue to work for Company B
4. How much time do i after new H1 approval before going for visa stamping.
5. What are my options if even this new H1 application gets rejected.

I am really confused as i cant find too much material for this kind of a case on the net. Any help would be greatly appreciated.

Thanks.

1. You are not in lawful status, but you are not overstaying your I-94. You really should leave the US and wait outside until the new H-1B is approved.
2. Was the Co. B H-1B denied completely, or just the extension of status part? If just the extension, then you might already have a Co. B approval as a consular notify.
3. No, you cannot continue working for Co. B.
4. See answer #1. You can apply for the visa any time after getting the approval.
5. If the new H-1B is completely denied, you really need to consider whether you qualify for H-1B status. I'd recommend talking to an experienced immigration lawyer

[MYGC2008]

How can anyone apply for Fresh Consular processing H1B while residing in US? Since the
H1B transfer is denied.

Originally Posted by martinvisalaw

1. You are not in lawful status, but you are not overstaying your I-94. You really should leave the US and wait outside until the new H-1B is approved.
2. Was the Co. B H-1B denied completely, or just the extension of status part? If just the extension, then you might already have a Co. B approval as a consular notify.
3. No, you cannot continue working for Co. B.
4. See answer #1. You can apply for the visa any time after getting the approval.
5. If the new H-1B is completely denied, you really need to consider whether you qualify for H-1B status. I'd recommend talking to an experienced immigration lawyer

[martinvisalaw]

Originally Posted by MYGC2008

How can anyone apply for Fresh Consular processing H1B while residing in US? Since the
H1B transfer is denied.

It is not clear from the original question what was denied. Was the person deemed not to qualify for H-1B status at all? Or was it just the extension/change of employer part that was denied?