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H1 Denied - Options And Status Concerns


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Posted

Answer in red bhayya

 

All Bhayyas,

 

Thanks for your responses.

 

My both previous employers are in bad terms with me, so I cannot go there.

 

1. if my Company 'C' files a MTR, can I stay in the US until a decision is made? if it gets approved, Do I have to leave the country and get VISA stamped?

Basically, if the extension is denied, then the time spend in U.S without a valid I-94 is considered as illegal stay. Like I mentioned earlier, if your MTR turns out to be positive and if you get a new I-94, then you are good. If not, then all the time spend in U.S after the I-94 expiry date is considered as illegal stay. You cannot stay in U.S just by keep filing MTR's

 

 

2.   If I change my Status from H1 to F1 by joing a college sooner, Can I apply  a new H1 or file MTR right away? or will I lose that option and have to wait for April H1 cap/quota? 

Yes, you can file new H1 and you are  you are not cap exempt

 

 

Thanks folks.

 

  • Upvote 2
Posted

.

endi vaya edi.. ? Help 

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Posted

Bhayyas,
 

One more concern here. 

 

I was thinking about school option and I called a couple of colleges and they said I have to be in Status(either F1 or H1) for them to consider to get admitted. But I don't have any status now. Do you all know any college in which you know anyone who has similar issue and is admitted to college? Please let me know guys.

 

Thanks,

 

Posted

Bhaiyya better u fast join other employer and do the h1b filing again.
Once u get the receipt then u do the visa transfer to f1

Posted

urgent gaa inko employer ni vethiki maaripoo, anlso first check your Notice like what exactly denial is for.

Posted

urgent gaa inko employer ni vethiki maaripoo, anlso first check your Notice like what exactly denial is for.

Thank you

Posted

naku H1B denied ayyindhi and i my opt expired. my lawyer advised to leave the country and the employer filed MTR. i had to leave...

 

i am not sure MTR will give legal status to live it the county...you are still out of status as long as you are on h1...convert to f1 and i guess you can maintain legal status

Posted

BTW you have a grace period of 180 days from your I-94 expiration day. in that time if you can find a new h1b sponsor and get it going you should be safe.

Posted

naku H1B denied ayyindhi and i my opt expired. my lawyer advised to leave the country and the employer filed MTR. i had to leave...

 

i am not sure MTR will give legal status to live it the county...you are still out of status as long as you are on h1...convert to f1 and i guess you can maintain legal status

Sorry to hear that bro..Where are you ryt now?

Posted

Bhayyas,
 

One more concern here. 

 

I was thinking about school option and I called a couple of colleges and they said I have to be in Status(either F1 or H1) for them to consider to get admitted. But I don't have any status now. Do you all know any college in which you know anyone who has similar issue and is admitted to college? Please let me know guys.

 

Thanks,

You are still in status Bro(not sure if your old employer has revoked/withdrawn your H1), just your H1B transfer has denied. So you can fine new employer and file for a fresh transfer, thats the best option for now.

Posted

BTW you have a grace period of 180 days from your I-94 expiration day. in that time if you can find a new h1b sponsor and get it going you should be safe.

No man there is no such Grace Period, please do not suggest something which you are not sure of it

 

" A common misconception is a mythical 180-day grace period, allowing an individual to remain in the United States lawfully after the denial of a petition or application. The fact is that, in most cases, there is no such grace period under the law."

 

Source - http://www.murthy.com/2013/09/28/immigration-myth-180-day-grace-period-after-denial/

Posted

better as soon as possible vare employer tho h1b process start cheyiii.....that is the best option....ippudu ee clgs vethukudu antha konchem kastam...better employer tho cheseyiii.....regular chesuko aaa gap lo job kottu leda current job ni new employer tho sync cheyiiii.....but go with new employer right away..

Posted

Thanks Bhayyas.. for all the options/suggestions. I will keep you all posted about my denial reason(s).

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