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H1b Extension Denied-looking For Options

Discussion in 'Nonimmigrant Visa Applications' started by Ven0206, Feb 13, 2016.

  1. Ven0206

    Ven0206 New Member

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    Hi Ron,

    My current H1B valid till April 15, 2016.
    Recently I have applied for H1B extension & ammendment, it got denied on Feb 03,2016.
    I have spoken with my Employer A and he his planning to refile another new H1B petition. other option is, i got a new offer with another Employer B, and he is ready to apply for new H1B from his company.

    My Question is what is my current status?
    My H1B with Employer A, i-94 will expire in April 15,2016 till that is my stay in US is "law full"?
    If my new H1B with Employer A or B approved, do i get valid I-94?
     
  2. Eren Yildirim

    Eren Yildirim Attorney at Law

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    You are in lawful status if your H-1B is valid and you are working under the agreed terms and conditions. If a new H-1B is filed for you, regardless of who files it, it should be filed prior to the expiration of your current H-1B. If that is done, then you will remain in lawful status, assuming you work under the agreed terms and conditions of the new H-1B petition, until a decision is made on your petition. If the decision is in your favor, you will continue working under the new H-1B and receive a new I-94.
     
  3. Ven0206

    Ven0206 New Member

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    Thanks Eren,

    I have another question:
    I have EB3 approved I-140 with priority date as May 2009 with my current Employer A.
    Recently i pursued my masters and applied for new PERM in EB2 in April 2015, it got audited in Oct 2015.
    After my recent H1B denial, i have the current H1B valid till April,2016.
    Now I am applying a premium process H1B with Emp B(New offer), and Regular process H1B with current employer A).

    When my H1B is in pending process with current emp A, if my PERM get approved(Now 2015 Feb and March audit cases are running hope fully in March April 2015 audit cases will start , and as per USCIS timeline( EB2 acceptance data is July 2009 and approved current date is OCT 2008) do i get EAD in any of the these to conditions when H1B extension is in pending status?, or do i need to wait till my H1B get approved with current employer?
     
  4. vbollu

    vbollu Member

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    Did uscis gave any reason for denial?
     
  5. Ven0206

    Ven0206 New Member

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    yeah, Right control is not properly defined, i was in Client-vendor-vendor-Employer, so i think due to 2 vendors in middle layer i think.
    its like E-V-V-C.
     

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