H1 Revoked I-94 Valid i 140 approved


My Situation:

Transfered H1b to Company A on Oct 2006 worked till July 2008 and Aug 08 they revoked my H1b (I was not knowing of this revoke) and was searching for new employer which I got on October 08. They applied H1b transfer but got RFE on Feb 09 as my earlier employer already revoked h1b.

We were expecting baby and our pregnancy was complicated So doctors adviced not to leave country. We got our angle on June and came back on Aug 09

My I-94 was Valid till Sept 09.

My question:

  1. Do I come into 10 years bar to enter USA as I stayed more 12 months after my H1b was revoked?
  2. Can new employer file my H1b with exempt H1b quota ?
  3. Can new employer file for fresh H1b as I am now out of USA for around 2.5 years?

Please reply Gurus, Your input will help me to take some major decision in my personal and professional career.

Hope you guys can understand my situation

Kindly Reply…

  1. What happened to the RFE? Was it is eventually denied, and did you move to another visa status like B-1 during pregnancy? If your H-1 transfer was denied and you didn’t move to another valid legal status, then your out of status period started from Aug 2008 and ran until Aug 2009. So yes, that looks like a 10 year bar.

2, 3. I would suggest going through cap-subject route. Find an employer and present your case to their attorney. Maybe they will be able to guide you about the possibilties in your case.

Uscis Denied H1b on march 2009 but due to my wife’s complication in pregnency dr. gave letter stating that she can’t travel from April to Aug 2009.but last week of Aug we came Back to India.That time our I-94 was valid.

Thanks Saurabh for your reply appreciate it. One more thing, I was having I-94 valid till Sept 2009, does that makes any change and having I-140 approved can it help in any way.

Please reply.

So, you didn’t stay illegally (as you had valid I-94) but did stay out-of-status.

I am not sure what will happen in this case, but you can get in touch w/ attorney to know about it. You had valid medical reasons to continue to stay beyond denial date and I think USCIS will take that into consideration. It’s better to go through an attorney who knows how to handle such cases.