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I was working for Company A till July 31st with valid I-94…

Please help!I was working...

Please help!I was working for Company A till July 31st with valid I-94 till Dec 31st. I have applied transfer to Company B on normal processing on Sept 5. This petition is still under "Case Received" status. I got another offer with Company C and applied for H1 transfer again on Oct 7th in premium started working. I received denial on this case on Dec 29th and waiting on actual noticePlease answer below questions1. Can I stay in US as I have H1B receipt from Company B which is in pending status? If Company B petition get an RFE, How do I prove my status and payroll?2. To continue the status, Do I need start working for Company B from January? If that is the case How can I re-file/appeal I-129 H1 with Company C?3. What else are the legal options to work with Company C?Thanks in Advance

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Sorry its complicated..but i couldnt find any source..

Lawyer's Assistant: Have you talked to a lawyer about the H-1B visa?

Not yet

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Answered in 10 hours by:
12/30/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,855
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 7 months ago
Sure. Thanks

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Let's go one by one:

1) Yes, you can stay in the U.S. due to Company B's pending petition and you can work for them up to 240 days after your I-94 expires. You prove your status by showing the most updated paychecks.

2) You should, yes.

3) You can file an I-290B to appeal or motion to reconsider or reopen, depending on why it was denied, but unless you have a good chance of winning, you may want to stick with B.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 7 months ago
Thanks for response.
I have not resigned from company B .. no changes done to I9 on company B.. is this okie even if I continue working with Company C by filing a new I129 ?Or should I do anything on Company B from I9 perspective?

You could go to work again for C if they filed a new I-129 for you. As far as company B, that's up to them if they want to keep you on payroll or not. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 7 months ago
Sure. I will give the positive rating.
The new I 129 petition with Company C is going to be consular petition ? As my i94 expired..and continue to stay in US .. but go out of the country when approved..is it correct ?

Not necessarily. If you filed before tomorrow. If you file after, then yes, it would be consular processing.

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Customer reply replied 7 months ago
Ok. We cannot file I-129 before tomorrow as we haven't received the denial copy yet. But Can I continue working with Company C by filing Consular petition considering my pending petition with Company B.

You forgot to leave me that positive rating. Please don't log off again without leaving it. You can only continue working for C if you file an I-290B to appeal or reopen or reconsider the original denial of C's first I-129. Filing a new I-129 after your I-94 expires does not let you work for C. Also, keep in mind that if you do file an I-290B and it is also denied, your unlawful presence starts from the date of the original denial of the I-129, not the denial of the I-290B.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,855
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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