I got laid off last month and i have my 30 days spent already of 60 days grace period. The petition for h1b transfer received an RFE today because of my employer’s mess up with documents of speciality occupation. My question is if my RFE doesn’t get resolved in another 30 days, am i going to be out of status or with pending h1b petition I am still allowed to stay past 60 days grace period. Any help would be appreciated.
I am not a lawyer.
I was in the same case. My new company attorney told you that once your H1B transfer is in PENDING before 60 days grace period, you will be not go out of status.
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does that apply even if I don’t start working for my new employer? My employer has suggested me to wait until I get approval, I still have 30 days left but they are planning to reply my RFE in another two weeks, which won’t leave me time to find some other job. Would I still be in status if my petition is pending but I haven’t started working for the employer?
My employer filed H1B transfer on 48 days and I got an RFE on 60th day.
My employer still asked me joined. I joined on 66th day. He mentioned that there won’t be any issue even If I would have waited for getting the Approval.
However better talk to your employer attorney or a private attorney
It might be a stretch but do you think RFE can still lead into a denial?
My RFE is related to employer to prove the job is speciality occupation. The employer is product based startup and position is full time senior data engineer. I have my undergrad in Electrical and Computer engineering and Masters in computer science, both from a reputed US university.
My employer said they are working with a university professor to provide expert opinion letter and provide some additional detailed information about job duties.
Thanks @Stick_Hello for adding inputs.
Well, RFEs are hard to say, some may…You should stay positive and trust your attorney. As your company is not a IT bodyshop company, you should have good chances for approval…but again, hard to say…understand, it can be stressful…stay positive !
Thanks Kumar, I have 30 more days left in my grace period and I am not sure If I should take other job offers and let them also process my h1 transfer in parallel.
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@Take_Care, Well, this is a tough decision to take, there are some that are logical and some are ethical…if you are transparent and can convey the message to new employer, then you may…it always helps to have a backup
What if another company files for my h1 transfer in last week of my 60 days period, Is it better to file for consular processing or change of status?
I am confused if I leave the country after 60 days, am I done with my current h1 and the only way to get it agains is to file in cap again?
It is better to file as Consular processing and premium processing.
No, you will be cap exempt as you already had H1B status. So, leaving the country will not have impact of you being cap exempt.