I129 Denied - Valid I-94 - What are my options


Hello Everyone,

Im working in EVC model on H1B visa and my employer filed my extension with client A in jan 2018 and have my I797 approved from Feb 2019 - Aug 2020

But in March 2019, my contract was terminated suddenly and I moved to Client B (different state) in April 2019

My employer filed my amendment for new client in April under Premium and I got denial after RFE stating missing documents

My employer is ready to refile petition now

What are my options here?

My employer says I can stay and work for same client but the attorney I approached says I need to leave country as soon as possible as I’m out of status

My question is:

  1. Do I have to move out of USA ? If I have to leave, should i leave immediately or would have grace time 10-15 days?

  2. My current client (Client B) has accepted to work from home. Can I work remotely for client B till my petition/amendment is approved?

  3. Reason for denial states that there are few documents missing like SOW, MSA between vendor and client and my employer says they submitted everything. Why is this confusion?

  4. If i transfer my visa to another employer for full time role (offer to be expected in a week)…can I stay in USA or do I have to go back to India and get my stamping done and then join new employer?

Please let me know

Thanks in advance

Hi @akshit0410

Sorry to hear about your H1B denial.

As per my opinion, you are out of status if you cannot go back to work for original client for whom you have an approved H1B.

You should leave US within 10-15 of H1B denial date.

You can file another amendment or transfer but should wait for result outside USA. You should NOT stay in US as you are adding an ‘out of status’ time to your name with every new day.

I do not suggest staying in US as all of this time will hurt your Green card chances even if it may sound okay today.