Started H1b Transfer from Company A to Company B by in Regular process. Got RFE, responded to RFE and its Denied. Working in Company B for last 4 months using Recept # and having pay stub. I am currently in US. Can I apply new H1 transfer in Company C thru Premium Processing and Is it legal to stay in US now. or else what are the option available for me. I have valid i94 thru Company A till this year end.
Get in touch with an attorney asap. Each case is different. General advise is to leave immediately, get the visa transfered to C, get the stamping done and come back. Are you sure employer A has not revoked the petition yet. If that is the case then join back A if possible.
If A is not revoked and they ready to hire me back then do i need to leave the country?
Any new employer will have to file LCA and then H-1 petition. This will take time and you will not be maintaining legal status during that period as you will not be employed w/ any employer.
So you should leave US and file H-1 transfer from outside US. You can also move to another visa status applicable to you (H-4, L-2 or F-1, B-1).
Like Ankit suggested, you should talk to an attorney ASAP about it.
Thanks Saurabh, My wife has H1. Can i move to H4 while i am in US itself? or Do i need to go my country and get the stamping for H4?
(note: my H1 is denied and waiting for document for USCIS)
As your I-94 is still valid till end of the year, you may be able to file COS from H-1 to H-4. However, USCIS can issue RFE asking for proof of maintaining legal status in US. You will be covered for the period until B’s denial based on transfer receipt and B’s payslips. So it is important to have this COS filed ASAP. Also get in touch w/ lawyer in case RFE is issued.
Thanks Saurabh, One more question
If i go to my country, Is there any premium processing for H4 visa? approximately howmany days it will take to get H4 while i am in my country.
If you go to home country, you will have to appear for H-4 visa stamping. There is no petition required, just complete the DS-160 form, schedule and appear for interview. If stamping is successful, you can return soon after; else you will have to wait for them to complete the visa stamping processing which can take few weeks to several months (worst case).