| Author | Message | ||
Eureka Junior Artist Username: Eureka Post Number: 275 Registered: 06-2013 Posted From: 204.145.114.6 Rating: N/A |
Thanks Gochi | ||
Gochi Side Hero Username: Gochi Post Number: 3581 Registered: 12-2006 Posted From: 64.121.67.210 Rating: N/A |
Here the case is different bro...this guy started accruing out of status days from the date the petition is denied which is from 01/30....what happens is, there is a rule called h1b portability rule..i put the link below...what it says is , if i-94 is not expired, then another petition can be filed and the employee can start working right away...in cases i194 is already expired, they can still apply for one more petition but employee cannot work till approval comes in....now in your friends case, bcos there was a slight gap, may be one week gap in between denial and new petition filing, the new h1 approval came as a consular processing approval...meaning they have to go out of country and come back inside to work...reason they are going out of country and are coming back is to come back onto a valid status...now during stamping, it is up to the visa officer to approve or deny...if the time gap is only 30 days, it might be fine...but if out of status gap is 6 months, visa officer himself might deny....more the gap, more chances of denial... http://www.visapro.com/resources/article/h1b-portability/ Now coming to so many petitions one after the other, meeru cheppinattu, okati deny avvagaane inkoka petition esi, malli adhi reject ayye daaka wait chesi, inkokatesi...there is no limit and I do not know how this is tracked but surely there will be a way and employee is the one that is finally impacted...stay in US is always authorized by i-94...daani tharavatha kooda legalgaa ani ante its totally wrong... https://www.linkedin.com/pulse/visa-overstay-out-of-status-u nlawful-presence-what-do-rose-kelly | ||
Eureka Junior Artist Username: Eureka Post Number: 274 Registered: 06-2013 Posted From: 204.145.114.6 Rating: N/A |
Gochi: Bro, sorry but your information is not correct. another case loo H1 expired on 09/30/2017, extension is in progress. Denial came on 01/30/2018. Another petition filed in Feb first week, got approval in march...went to stamping and came back. i-94 expire avvagaane out of status em kadu..as extension is pending. ee mandhya denials ekkuva vostunnayi kabatti kontha mandi inko employer thoo transfer file chyeyinchi receipt number meeda pani cheddam anukuntunnaru...not sure for how long a person can do after first denial. One after the other employer thoo transfer file cheyisthe ..regular processing loo ayithe it could take months for them to get to a petition...so wondering what are the timelines here. AccentXXX/Wipyy batch loo i-94 expire ayinae 8 months varaku undochu and pani cheyyochu ani valla employer cheppadu, they have been working. Valla case loo 1rfe, 2rfe, 3rfe lu vochi approval/denials vochina vallu unnaru. | ||
Gochi Side Hero Username: Gochi Post Number: 3580 Registered: 12-2006 Posted From: 64.121.67.210 Rating: N/A |
sorry, I got confused thinking you have two employers even before denial..looks like only one employer and extension got denied.. And there is nothing like number of days we can stay after i-94 expires...we need to leave right away after the i-94 expires unless there is a pending petition that was filed in time before i-94 expiry...main point to check is if you are already out of status or not...and will the 180 days rule unlawful presence rule apply for you or not.. | ||
Gochi Side Hero Username: Gochi Post Number: 3579 Registered: 12-2006 Posted From: 64.121.67.210 Rating: N/A |
chaala complicated bhayya...Current employer is the one holding your H1 and this got denied on 05/30/2018....at this point you have only two options, one is going back to previous employer is the old H1 was still valid or leave the country right away...in your case previous employer's H1 also expired on 04/30/2018... Now you said company B applied for H1 before 04/30/2018...it might not even matter they applied before 04/30 or 05/30 as your current status is being governed by the current empployer's petition which was valid till 05/30...whatever be the case, if current petition gets accepted you are good....but expect an RFE to prove statuses...if it gets rejected then you need to leave the country right away...there is no grace period for H1 denial....sooner leaving the better... coming to unlawful presence/ Out of status, check with an attorney if your stay is currently being counted anywhere in these buckets as of today...if it is being counted, then better leave the country before 180 days from when you started accruing as any unlawful presence more than 180 days will bar you from entering country for 3 years and you have to declare this everywhere that might impact the GC process too... | ||
Eureka Junior Artist Username: Eureka Post Number: 273 Registered: 06-2013 Posted From: 204.145.114.6 Rating: N/A |
Extension is filed by my current employer A got denied on 05/30/18, previous H1 valid until 04/30/2018. Before the expiry of i-94, a transfer petition is filed by employer B. If transfer by company B gets denied on 10/30/2018(180 days after i-94 expiry) or 12/31/2018(240 days after i-94 expiry), what are my options? How many days can I stay after my i-94 expires? If I can find another employer C to file extension/transfer while the petition with employer B is pending, how long can I still stay in US? (i-94 expired 04/30/2018) |