Asked 5 months ago - Farmington, MIFlag
My H1B with company A became effective for the 1st time from CAP-GAP on Oct 1st ,initiated a transfer to Company B. H1b transfer got denied on NOV 30th and there is 30 days to make an appeal for the denial case. Company C is going to file new H1B through consular processing. Considering Company A revoked my H1B , I should be out-of-status.
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As stated from others, considering your H-1B was revoked from company, it can be assumed you went to work for B. You were out of status at the moment of denial and have to leave the U.S. You can contact my office if you need further clarification or help with the consular processing issue.
Law Offices of Jason E. Peltz
28470 W. 13 Mile Rd., Ste. 300
Farmington Hills, MI 48334
Yes you are out of status - there is no grace period except ten days at the
end of an H if you stayed until the end.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
Had you remained to work for Co. A, you would have still been considered in valid H-1B status, irregardless of the denial of Co. B's petition on your behalf.
But I suspect you started working for Co. B as soon as the USCIS filing receipt arrived. Consequently, you are now deemed to have been out of status as of November 30, the date of the denial of Co. B's petition, and have been accruing "unlawful presence" ever since that date.
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