Hi, I have had 7 h1b visa transfers without getting an RFE. My i-140 was approved in 2015. I work in Finance/Accounting. I started working for new employer few weeks ago while my h1b was pending, so I finally got my 1st RFE on h1b transfer. Hopefully my h1b gets approved, but wanted to know what my options are in case my h1b visa petition gets denied. If my h1b petition gets denied then:
a) Does my 60 day period when I am considered in status starts right after my h1b petition is denied?
b) Can a new employer file a h1b petition after my current h1b petition is denied? If so, then do I give my paystubs to USCIS from current employer (for whom my h1b petition is denied in future) or I give my paystubs from previous employer (those paystubs are for July 2019)
c) Can a new employer file my h1b petition while I have an RFE on current h1b? If so then would they use my current h1b petition in RFE as a basis for new h1b petition? Would they use my paystubs from current employer or previous employer?
d) Do I have to leave USA in case my h1b is denied for which I received RFE? If not then could I use my 60 day period when I am considered in status to file a new h1b or apply for a change of status in case I want to study at a community college for 2 semesters? I did that after I lost my 1st job I enrolled in community college and took classes for 2 semesters where I learned SQL, access, etc which I have used in my finance job for 6 years. There should be nothing wrong in taking a break after working for 10 years and studying for a semester or 2 at a community college learning analytics/machine learning, etc. Could my f1 visa get approved? Wuld I have to go to India for stamping my f1 visa?
a. You only get 60 days when you lose your job as part of layoffs. You do not get anything for denial.
b. they can, but you cannot stay in the country after denial. It has to be consular processing only.
c. yes. They will file a general transfer. They will use it for proving you are maintaining status.
d. yes, you need to leave. You can do all of these, when you are in status or lose your job, but you cannot do any of that after you get denial. Read H1B Layoff 60 days rule for Grace period
Yes, if you need to get F1, then you need stamping. Alternatively, you can file for F1 as COS, when you are in US, before the denial.
Thanks Kumar, really appreciate your response. I am going to get admission in community college and an i-20 from them for classes starting Jan 1, 2020. In case my 2nd h1b petition gets denied before Dec 20, (when my rfe response is due for 1st one) then I am going to apply for COS to f1/full time student before we submit a response to RFE. In case h1b gets denied after we respond to RFE and my change of status to student visa gets approved then I will study for a semester or 2 and try getting a new h1b petition approved in summer or fall of 2020.
In case my h1b petition gets approved after COS to full time student gets approved then I will keep working or rejoin my employer, in case h1b petition gets denied and COS gets approved then i will be a student for couple of semester.
In case every petition gets denied then I go back to India.
Sounds like a plan. Always discuss with your attorney based on how your situation looks and taken an informed decision…Good Luck ! Do update here, how it all goes for community benefit…