Employer B - H1B Extension - RFE - Specialty Occupation. Can I work for Employer A if I94 is valid and didn't revoke?

[erkraj]

Dear Attorneys,

Kindly advice.

New H1B - Employer A - H1B Approved - Sep-15-2015 till Sep-18-2018.[ Both Visa & I94 ]
H1B - Transferred to Employer B in Oct-2016. Joined in Jan-2017
H1B - Extension - Applied - Nov-13-2017 - California Center. I94 expired in Dec-31-2017
RFE - Specialty Occupation - Apr-11-2018 [ Yet to respond ]
H1B - Employer A didn't revoke my petition.

Now, worst case if my Employer B's extension gets rejected in June/July-2018, can I work for Employer A till Sep-18-2018 and file extension for employer A before expiry to continue or should I search for new employer who is ready to sponsor/transfer? 

Please advise on any other available options to continue my stay.

[JoeF]

Employer A was required by law to inform USCIS that you no longer work there. If they didn't do that, they have to pay you for the time you weren't working for them.

https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

"Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation."

That means that every employer informs USCIS.

If they want to hire you back, they have to file (and pay for) a  new H1.

[pontevecchio]

If you seek legal guidance, please give the firm a call.

[erkraj]

Thank You Joe & pontevecchio.

If I find any prospective employer, say Employer C, before or after it gets rejected, can I stay and still work for them or should I go for Consular Processing in India?

 

 

[adshah84]

You can work for Employer C if H1b transfer filed before rejection or within 60 days from the day of rejection subjected your I94 is valid while you are filing H1b transfer to Employer C. 

[sathi1985]

On 4/21/2018 at 1:57 PM, JoeF said:

Employer A was required by law to inform USCIS that you no longer work there. If they didn't do that, they have to pay you for the time you weren't working for them.

https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

"Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation."

That means that every employer informs USCIS.

If they want to hire you back, they have to file (and pay for) a  new H1.

in case of H1b extension denied by uscis..does the below statement still applicable?

'the employer must pay for the nonimmigrant's cost of return transportation'

[JoeF]

7 hours ago, sathi1985 said:

in case of H1b extension denied by uscis..does the below statement still applicable?

'the employer must pay for the nonimmigrant's cost of return transportation'

If the old H1 expired, that clause does not apply. I only applies if the person gets laid off while having a valid H1.