OPT Expired- H1B RFE Pending got laid off

[rasheedo]

Hello,

I got my H1B petition picked in this year's lottery (2018) and got an RFE which needs a response to be submitted by August 7th, 2018. My Employer haven't submitted the response for the RFE and I got laid off on July 12th, 2018. My Employer won't be submitting my RFE Response. And my OPT got expired on June 1st, 2018.

What happens if the RFE is not submitted?

Can I transfer my H1B petition irrespective of RFE?

I would like to know my options.

Thanks.

 

[JoeF]

The H1 is gone. It will not get approved since there is no job.

And it obviously can't be transferred if it isn't approved.

[xTDx]

You cannot transfer something that do not exists. You are not in valid H1b status to transfer to some other employer. H1b transfer is not even a thing. Its always a brand new application in case of change of employers. you seem to be in F1 status and have valid OPT ?

Looks like you are in OPT grace period since June 1st. . Did you apply for h1b cap gap ? Does your i-20 validity got extended till 1st Oct 2018 ?  

You should consult an immigration attorney right away for in-depth review of your case.