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Immigration Issues/H1 Exctention Denied - Out of Status


I was working for Company A from whom I had I-197 which was valid till feburary 2009. I went to Pakistan on vacation on 23 Apr 2007 and came back on 10 August 2007. I did not get any pay check for this time period. When I came back, I got I-94 till Feb 2009 but AI did not go back to my previous company and applied for H1B transfer fro Company B. I just got letter from INS in which they approved my 1-797B but they denied my extention saying that I am out of status and need to leave US nad get my new visa stamped.

The question I have, is :-

1. Can I go back to my previous Company A and work from them legally? Is that create any hessel for me in future

2. Do I really need to leave USA and get my visa stamped or I can continue working for company B and will not get any problem in my GC and future visits

3. Is my wife H4 going to have any problem? She did not come to US yet?

I Appreciate your help.

Thanks & Bye

1.  Your H has been denied.  You are at this point out of status.  You cannot go back to Co A because you have been working for Co B without an H1 approval.
2.  Yes, you are out of status, you should leave immediately or potentially be deported or lose your ability to return to the US in the future.  
3.  Yes, your wife's H4 is not valid any longer.

Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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