Fired > Immediate H1 Transfer > RFE > new H1 Application > H1 transfer rejected

Receipt NumberFiled ByPositionCurrent Status EAC1413xxxxxxCompany A - last day of work 5/15/15Audit AssociateRevocation notice was sent 8/26/15 -I -94 valid till 08/17 EAC1516xxxxxxCompany B Infotech- first day of work 5/18/15- last day of this project 10/2/15Internal ProjectRFE was mailed Nov 4 -company B did not respond to this RFE and denial notice was sent on 3/18/16 EAC1600xxxxxxCompany C - First day of this project 10/5/15 - still working at the same client. Business AnalystWithdrawal acknowledgement notice was sent EAC1608xxxxxxCompany CBusiness AnalystRFE was mailed February 23rd

Company B and C are owned by the same person. Company A was a Big 4 audit firm.

Even after being fired I had no gap in paycheck since one of the managers let me know a week before hand and I was able to ask company B to find me an internal project.

Questions:

  1. Since clearly my current employer is taking his own sweet time with getting the approval and seems to be shady and I only realized this a few months ago, how can I get someone else to file my H1B application?

  2. Am I considered as still being in status since I have a pending application?

  3. Should I go onto student status F1? What are the reprocussions?

  4. If I go to student status will I face any difficulty in transferring my status to H1 again?

what happened to your status ?

I am in same status but not able to post any Question on this forum as it keeps asking for activate email id which is done
requesting if you can share any updates and problem solving solutions to this situation

H1b petition transfer after withdrawl from current sponsor while staying in USA

I have typical situation which needs expet advice

I am on H1B with Company A
I am getting terminated from current company due to no work in near time on Fri 3/25/2016

Due to this i rushed seeking opportunties and Currently waiting on 3 companies result
2 at final Management Interview
1 at HR round
All these interview round will be completed by this week 3/25/2016
Probable start date for H1B petition transfer from any other company would be during April 1st week i.e HRs will start collecting required documents to initiate H1B transfer during the week of Mon 4/4

here i need suggestion and advice
by what date my h1b petition transfer should be initiated ?

Question 1: is it fine to start the h1b petition on 4/4 (by a week to this date existing h1b would have initiated to cancel from current company)

Alternatively:
My friends consultancy said they will initaite transfer today so i can have valid peition at worst case

Question 1: but my question here again is if my friends consultancy starts h1b petition on 3/24/2016 and
which petition i have to share if the one of 3 other company asks for peition copy to start h1b transfer ?

So you are in valid status on the basis of timely filed pending C’s petition which is currently in RFE.

  1. Another employer can file a cap-exempt petition for you but EoS will be granted if C’s petition gets approved first (this is a bridge scenario). If C’s petition gets denied, then the new petition will be approved w/ consular processing.

  2. You are in valid status as timely filed C’s petition is still pending.

  3. Same as (1). COS approval will be dependent on C’s petition approval b/c of bridge scenario

  4. No issues as long as you maintain valid status all along.

One option - file H-1 transfer in PP w/ consular processing. As this is consular processing, it is not dependent on C’s pending petition. Once approved, leave US and return on new employer’s petition to start working for them. No new stamping required if the previous visa stamp is still valid.

Hey, sorry to hear about this and its a stressful situation to be in. Although you should not stress nearly as much as if you did not have these interviews going for you. I am not an expert in any immigration matter but it seems like Saurabh on this forum is. I spoke with an attorney from Murthy right after I posted this question and her response was the exact same as that of Saurabh. Read through his response below.:

So you are in valid status on the basis of timely filed pending C’s petition which is currently in RFE.

  1. Another employer can file a cap-exempt petition for you but EoS will be granted if C’s petition gets approved first (this is a bridge scenario). If C’s petition gets denied, then the new petition will be approved w/ consular processing.

  2. You are in valid status as timely filed C’s petition is still pending.

  3. Same as (1). COS approval will be dependent on C’s petition approval b/c of bridge scenario

  4. No issues as long as you maintain valid status all along.

One option - file H-1 transfer in PP w/ consular processing. As this is consular processing, it is not dependent on C’s pending petition. Once approved, leave US and return on new employer’s petition to start working for them. No new stamping required if the previous visa stamp is still valid.