My 10th yr H1B extension/my wife H4 was filed and got rejected. Following are the details.
H1B/H4 filed: March 1st 2009
RFE was issued in April
RFE replied: May 6th 2009
H1B/H4 denied: June 1st 2009
Our H1B/H4 I-94 expired: Apr 10, 2009
My company wanted to do a) file appeal and b) a brand new H1 with vermont center(along with original RFE/denial letter etc.).
1) While appeal is pending, if we don't file a new H1B, what is my status? Am I considered to be in status?
2) While new H1B is pending, what is my status? Am I considered to be in status?
3) Can we file brand new H1B through the same company while appeal is pending?
4) Can I work for my employer while appeal is pending, without filing new H1B?
5) Can I work for my employer while new H1B is pending?
6) Since my I-94 is expired, if we apply for H1B while appeal/MTR is pending, if it is approved, will I get the approval along with I-94 or with no I-94 at the bottom of the approval. I heard that in some cases they gave the approval from the date of new H1B petition.
7) When does the time for 180 days(towards 3yrs bar) start? Is it from my I-94 expiry date (or) my H1B petition denial date.
My wife and I got the I-485 approval email notice in June 2007. We filed the I-485 in April 2007. The LC was done by another law firm and I switched to Rajiv and filled the I-140 and I-485. The I-140 was approved in one week under Premium Processing and I-485 was approved in less than 3 months. I told our company HR to switch to Rajiv S. Khanna and we are processing our employee’s H1B and GC through Rajiv. During the GC process, our company was sold and Rajiv and Mathew helped to resolve this issue, rather than starting the GC process from scratch. Mostly I dealt with Prerna Mehta and Mathew Chacko. Both provide me excellent help and support during the process. I dealt with Rita Dhakal for a short period of time and she helped me in great deal. Mathew called me on my cell phone to answer my questions, and he was polite, fast and correct. Also, I praise Prerna for checking my documents and forms thoroughly (I did not get any RFE) and providing correction/feed back immediately. I found the Rajiv’s immigration forum would be one of the best places for gaining more knowledge, and I would recommend every one to read and learn more.