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  1. #1

    Red face What to Do if an Amendment to Your H1B is Declined, but H1B Transfer is in Progress

    Hi,

    I have valid H1B Visa and I-94 till July 2018. I am with employer ABC(which is a consultancy). My petition which is valid till July 2018 is for Texas (for EFG client). Now last year I moved to Newyork and my employer filed an amendment for new client and location change. I had received an RFE for this amendment 3 months back. This week they declined the RFE. Mean while last month I got an offer for XYZ company. They have filled the LCA, and are planning to file my petition in premium next week.

    Now my questions are:

    1) What is the legal buffer time people are having to leave USA when their amendment petition is declined?
    2) As I have valid petition for Texas till July 2018, can I work in that location?
    3) Can I stay in USA after putting a resignation to my employer ABC and wait till XYZ company's approved petition? Is it legal that way?
    4) If Point # 3 is valid, after getting approved petition from XYZ company, Do I have to leave USA and come back to maintain my status (May be have I94 refresh, etc), or I can just start working for XYZ company.
    5) What other options do I have?

    Please advice.

    Thanks,

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Current Amendment on H1b Got Declined and H1b Transfer is in Progress - Please Ad

    You accrue illegal presence from the time your i-94 on whatever visa allowed you to enter the US until the time you leave. There's no "grace" period. Normally, at the end of an admittance for certain things like F-1, you're allowed 30 days to get out after the conclusion of your program without it counting against you.

    The client issues are totally irrelevant and, in fact, indicate illegal behavior or the behalf of you and your employer.

    As long as you have legally entered the US, you can apply for any reasonable change of status. If approved, everything is happy. If denied, your illegal presence goes back to what it had been on whatever your previous admission woudl have allowed.

    Frankly, you and your ersatz employer should be talking to an immigration attorney rather than relying on public forums where you may be describing illegal activity by your employer.

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