I did not find a question that addressed my situation, so asking it here, apologize if it had already been asked, I am sure it would have, I am just not able to find it…
Company A’s I-797 and I-94 is expiring 9/30/2013.They submitted extension thru regular processing on 5/24 and its in process. I found a job with a smaller company B with a better role, so took up the offer, the company B filed for transfer on 8/26 in premium, I got the receipt a couple days later and started working from 9/3. But the transfer went to RFE. While company B is doing all that is possible to respond to the RFE and get the transfer approved before 9/30, in the event its delayed…
Will I be out of status from 9/30 (provided company A’s extension is not approved by 9/30). I was thinking as long as transfer is in progress, I will be in status, but my lawyer says no.
Can I file H-4 COS (using my wife’s H-1) on or before 9/30 while staying in the country and then ask the attorney to file RFE response with a COS to H-1?