Hello there,
I filed for my first H1B extension after 3 years in month of may 2009 and got RFE in July 2009. After that my case was denied by USCIS on September 14th , 2009. My Employer then filed for MTR on Oct 08 2009 which also got denied on November 3rd.
My current I94 and visa expired on September 22nd 2009 but my employer kept telling me that I am legal till the time MTR is pending. Now when MTR is denied he is telling me that he is filing my new H1B(In normal processing) and I am still legal as he has got a valid receipt number.
My Questions are:
1. Am I having a legal status or is my employer telling me wrong things and if get h1b approved will i be fine?
2. can i leave country and come back only when H1B approved or should only stay and wait for decision to come? Advice