Tenafly, NJ Immigration Law Firms & Lawyers

Under your current I-94, you are only allowed to work for your first employer. Since U.S.C.I.S. denied your extension of status, your work is not authorized under your second employer. In order for you to legally work for your second employer, you would have to leave the US and reenter with the new I- 797 approval. Assuming that the visa in your passport for your first employer is still valid, you can use that one to reenter the US with the new H-1B approval sheet. On your second question as to whether it is advisable to appeal that you were not out of status for 10 days, it is likely more troublesome to go through a motion to reopen or to reconsider than to leave the US and come back in. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

First she would need to get a visa to come to the U.S. If your intention is to marry within 90 days of entry you can apply for a fiance visa for her. After you marry then you would want to apply for a green card for her or she will lose her right to stay here legally. You must have at least one face-to-face meeting within the last 2 years to come as a fiance and you would need to be a U.S. citizen. Best to consult with an immigration attorney if you are not ready to get married on other options.