What is my Status?

[arukala]

Hi Friends,

I need an experts opinion on my Status.

My H1 extension is denied from Company A on Jan29th 2009 (Received on 02/02/09). Appealed to USCIS (Received date 02/12). After Appeal I found another opportunity with Company B and filed H1 Transfer in Premium (Big 250+ Employees) on 02/17; and Now Company B received an RFE with all documentation of Company Payroll and Tax Records. Responding to RFE will take atleast 10 days.

As I know I am not allowed to work since it is denied with company A and will have to wait for approval with i-94 to work for company B.

FYI: H1 & H4 and I-94's Expired on 09/30/08. I-485 not filed and No EAD.

Questions:
1) What is my status now?

Appreciate your opinions

Thanks
Ravi

[arukala]

I appreciate if any one can provide assistance here.

tks
ravi

[arukala]

Originally Posted by TravInd

I notice gap between your previous H1B and your extension. Is it allowed to stay that long without a status??

TravInd,

I applied for extension before expiry of i-94 and previous H1, but they took long time to adjudicate and denied extension, but appealed and applied transfer.

Tks
Ravi

[validIV]

Big companies usually have a corporate lawyer to handle this for you. Why not ask their advice? Sounds to me like they already hired you.

[LostInGCProcess]

Originally Posted by arukala

TravInd,

I applied for extension before expiry of i-94 and previous H1, but they took long time to adjudicate and denied extension, but appealed and applied transfer.

Tks
Ravi

If the outcome of the appeal is not favorable to you (in other words, denied), you would have accumulated illegal presence from 09/30/08 when your last H1b expired.