I got my visa transfer denied with company B last month. They were supposed to refile and asked me to wait but did not refile it for unknown reason.
I had left my employer A, 5 months ago which has I797 with I94 mention on it till 06/30/2019. The visa and I94 in passport is old one, expired since I did not travel outside USA after last extension so it was not updated.
Till last 2 week before , the case status of old petition with old employer in USCIS website was showing approved, but recently it is showing “Correspondence was received and USCIS is reviewing it” . So it seems old employer might had sent request for withdrawal or already been revoked.
In this case, Is my I94 still valid till 06/30/19 based on the last employer I797 even the old approval is in withdrawal process or have been revoked?
Do one get 60 days grace period even in denied case? Or that is applicable only for approved petition?
Am I still eligible to stay and do visa transfer?
Some vendor saying that I can still do visa transfer with them…
Please advise.
The 60 day grace period, is if you lose your job by Layoff…It does not apply for denials. You should leave after denial. Read H1B Grace Period 60 Days rule. You need to check with the employer you are working with, the current status of H1B and then take necessary action. You cannot just stay without maintaining proper status on H1B. Discuss with your current H1B employer’a attorney.
Thanks for replying.
What about I94 date with old petition I797…? It was showing approved till last week. So was it counted in Status. If old petition is approved and I94 date mentioned the form is not expired…? Does it give time change employer… based on the old approved petition.?
Since now the status it is showing “Correspondence was received and Uscis is reviewing it” so it shows that petition has been requested to withdrawn so I am out of status now.
And if someone has filed for consular processing last week. Does it make me in status again?