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Old 01-27-2010, 07:16 PM
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Join Date: Jan 2010
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Default H1 Status Question

Hi,

I was working for Company A with whom I've my H1 & I-94 valid until Aug 2010. But I was laid off from Company A in Dec 1st week and I found a new job with Company B in Jan 3rd week. So I was out of status for about 6 weeks time.

Now Company B don't wish to file a transfer but instead they are filing something called H1 "Loose Petition", obviously I'm not going to start work with Company B until this H1 gets approved and I travel out of US, get restamped based on my New H1 petition, come back to US and start work for Company B.

But my question is, while from today until this so called "Loose Petition" H1 is getting processed (since they applied premium it would take about 2-3 weeks) can I legally stay in US (in terms of I-94 I've my I-94 from Company A H1 which is valid until Aug 2010)?

My employer suggest that I stay here until H1 processing result comes out and then leave country get restamped. Please let me know if you have an Answer.
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