H1transfer denial,I-140 in process , need help


overtheedge

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Hello Friends, 

I was working as a consultant (employer A)for client X on H1B for close to 5 years 

Last year sep I moved to a consulting firm (employer B with EVC model) with the end client being same X with transfer receipt notice. 

The consulting firm initiated my GC and my perm was approved at the end of July this year with H1 transfer still in progress and I got RFE in April of this year. 

After responding to my RFE the transfer got denied in mid of aug stating speciality occupation and bachelors degree not being related to CS and the position offered. I have Bachelors in instrumentation technology and 10+ years exp in IT.

I found another consulting firm(employer C with EVC model for the same client X) who can file a new transfer using employer B’s (approved perm and also mentioning the denial and employer A’s H1, I-94 is valid until Nov this year) 

In the mean time employer B has filed for I-140 in PP last week (still waiting for the approval) and employer C is preparing with options of using I-140(if approved in 2/3 days) or just file H1 transfer without I-140.

  1. Since I-94 is still valid - Am I in status, since employer A has sent notice to revoke the H1(but it is not yet revoked)still in progress? 
  2. Is the approach using employer C is correct and if there are any do’s and don’t’s or/and any suggestion?
  3. Since I-140 is filed by the same employer B (for which H1 is denied) - will there by any issues with I-140 approval? 
  4. As I’ll max out in nov this year and if I-140 goes to RFE and if the H1 transfer with employer C gets RFE - should I leave the country for a while? 
  5. Should I try to contact another employer in the mean time? 
  6.  
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Thats a tricky situation, you are out of status as employer A would have revoked the H1 petition. Employer B can withdraw I-140 even if it is approved (within 6 months of approval) as you are no longer with them, and if you go with employer C, they have to re-file labor (the normal GC process) and you can retain the same priority date.

Before you contact another employer, it is better you reach out to a good attorney and get some legal advice.

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