Am I on a legal status to work for a new employer


RIndra

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Am I on a legal status to work for a new employer ?

  1. Current Visa, I797 and I-94 expired on Nov 09 2018 through old company.
  2. Old Company filed H-1B extension on Oct 26 2018.
  3. Got a job offer and the new company filed the transfer on Nov 06 2018.
  4. Resigned old company on Dec 10 2018 and joined new company on Dec 11 based on receipt notice.
  5. Old company withdraw the H-1B Extension petition on Dec 19 2018 while the extension is in progress.
  6. New company laid off on Feb 13 2019 while the H1-B Transfer is in progress, attorney sent the withdrawal to government 

Am I on a legal status to start working with a new employer ? Or should i leave the country applying the transfer via consular processing ? Please advice and suggest.

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No legal status to work unless you have an approved petition, in-fact you don't have any status and you should leave USA immediately to prevent future complications. 

3 hours ago, RIndra said:

applying the transfer via consular processing

you don' t have anything to transfer from since both companies withdrew their petitions (no active petitions as per details provided). 

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Thanks for your valuable response. One clarification on the point 6 and seek your assistance please.

6. New company laid off on Feb 13 2019 while the H1-B Transfer is in progress, attorney sent the withdrawal to government 

Attorney sent the petition for withdrawal but still not yet withdrawn. The Transfer status as of today still shows "Case Was Received". New company filed the LCA on Feb 15 2019.

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