RFE IN H1 B and also got laid off

[Nileema]

Hello everyone,

I am completely stuck. I changed a employer who filed my new H1 petition ( H1 transfer). my latest I94 (from previous employer ) is valid until august,2017 end.

since current client didn't provide any letter to my new employer which led my case in RFE in april 2017. I think my employer has to respond to RFE with a different alternative options within given time frame. however on 5/7/2017,  i was laid off and will be loosing my current project after 10 days . i am living with my husband who is currently on H1B. my current employer will be replying to the  RFE in 1 or 2 days. so that at least my h1b gets approved and they can find a new project for me. ( I know after \my H1b denial, i'll be Out of Status and will have to leave country asap, since my Husband has I-140 approved and I don't want to create any trouble for us in the future in GC processing)

I don't know if my H1B visa will approved or not,  I am afraid of getting my H1 B rejected due to lack of client letter.

1. Shall I ask my new employer to stop replying to RFE until they find a new project for me from different client/project and before last date of replying RFE. n RFE reply, they can show my current project is closed then file a new LCA at the same time. is this OK ?

2. Can my husband file H4 when current H1 B in RFE case ?

Can i proceed with any of the above or please advise. Please let suggest me what can I do keep in a valid status without leaving country.

You suggestion will be highly appreciated !!

Please note- my previous last employer already revoked my H1B.

Thanks

Nileema 

 

 

 

 

 

 

 

 

[metroguy]

You simply switch to H4 and get a H4 EAD. All problems solved.

[JoeF]

7 hours ago, metroguy said:

You simply switch to H4 and get a H4 EAD. All problems solved.

In addition, the OP should stay away from shady consultants who only get bad clients that don't provide client letters. It is best to find a real employer.

[Nileema]

HI Metroguy and JoeF,

 

Thanks for the reply. Can you both specific to my queries please.

 

Thanks

Nileema