Immigration Issues/H1B denied

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Question
I had an approved H1b filed by the company a but then the contract was voided because of economic downturn.this company a did not gave me any paystubs since i did not start working with them. Company b filed for transfer H1b, been working with them but then when a decision was made it was denied. Notice of Appeal was made and then was denied again.
question:
1. Can i still file for an F1 visa?
2. Gap problem, i dont know if im out of status already?
3. there is a company who will sponsor me for PERM/eb2 application because i have a master degree but is there a risk that it will be denied because of previous denial or will it be denied because im already out of status when i filed it?

Answer
Hi,

You have been officially violating your nonimmigrant visa status since Co. B's H1B petition was denied. Thus, it is not possible to obtain any extension or change of status within the U.S.

You can be sponsored for PERM green card process as this is for full-time, permanent job in the future, but will not be able to remain legally in the U.S. in the interim. Information about PERM is here: www.h1b1.com/laborcert.htm

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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