Urgent: Current H1 denied and previous H1/I94 expired

[h1denied]

I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.

What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

Please guide me asap. Thanking you in advance!

[anand622]

Even I am in the current situation. we can discuss or email
i have spoken to a couple lawyers so we can exchange options

[snathan]

Originally Posted by h1denied

I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.

What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

Please guide me asap. Thanking you in advance!

If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.

[snathan]

Originally Posted by anand622

Even I am in the current situation. Please call me 6166342617 so we can discuss or email
[email]anand622@yahoo.com I have spoken to a couple lawyers so we can exchange options

Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.

[validIV]

Fill in your profile. Also it would help if you said how long you've been on H-1

[Bolt]

Originally Posted by anand622

Even I am in the current situation. Please call me 6166342617 so we can discuss or email
anand622@yahoo.com i have spoken to a couple lawyers so we can exchange options

Hi anand, am also in the same situation. please contact me at 914-488-6104 or email : mohan.amili@gmail.com

i deeply appreciate your help.

[Bolt]

Hi Anand /Snathan,

Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....

[Bolt]

Originally Posted by Bolt

Hi Anand /Snathan,

Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....

Hi guys,

my h1 got approved on 21st of april 2009.

[linray]

Bolt,
Could you please update this post? Per the post, I got some points:
1. Your H1B extension denied and your I-94 card is expired
2. You filed H1B transfer again using premium processing
3. You got approval

Did you get a new I-94 card since your I-94 is expired?
Do you need to leave the USA for stamp?

[linray]

Originally Posted by Bolt

Hi guys,

my h1 got approved on 21st of april 2009.

Bolt,
Could you please update this post? Per the post, I got some points:
1. Your H1B transfer denied and your I-94 card is expired
2. You filed H1B transfer again using premium processing
3. You got approval

Did you get a new I-94 card since your I-94 is expired?
Do you need to leave the USA for stamp?