Need help on my H1B Status.

[goud98]

Hello,

I was on my F1 visa from 2015 and applied H1B visa in the year 2017 and got approval on Dec 2017. Initially I got my H1B  visa approval for 3 years till Sep 2020. In Feb 2018 I moved to client location and my employer applied for Amendment and my amendment approved till Feb 2020. I went to India in Nov 2019 and I got visa till Feb 2020 on my passport and my I94 validity is also till Feb 2020. After coming back to USA my employer filed for H1B extension + Amendment on Jan 2020. Now in Mar there were many layoff in my company and unfortunately I got layoff and before layoff my employer applied my case to premium and now I got RFE for that. When I checked with my employer he say I have valid H1B visa till Sep 2020 and not to worries about status but I am little worried on my current visa status.

MY Question 
1.   Is my H1B valid till SEP 2020? Even though my recent visa stamping in India (Nov 2019) was until Feb 2020. 
2.   Even though there was an amendment approved until Feb 2020 is my H1 valid till Sept 2020 as per the actual approval ? 

[JoeF]

The visa is irrelevant while in the US. Only the I-94 matters.

Your I-94 expired, and the H1 extension is gone. The employer by law had to inform USCIS that you no longer work there.

You are overstaying, you need to leave the country ASAP.

[User099]

You technically have H1 till Sept 2020 only if the original job/employment as per the H1 is still available. 

[gopalakrishnach]

I feel it is Feb 2020 since your latest will always takes precedence. I may be wrong.

If you want to use Sept 2020 approval you need to move back to that conditions.

[cap-gap]

Seems you are mixing vocabulary here..your H1 petitioner is considered your “company”, not your client.

 where did the layoff happen? By Client or H1 petitioner? If client laid you off but your H1petitioner has beneficial employment for you and paid per H1 terms, then you are ok till sept 2020, (preferably with another amendment back with employer location).
 

[goud98]

Thank you all for your response, it's really valuable and appreciate in giving your advice.

@cap-gap  & @User099 & @gopalakrishnach The layoff happened at the client not from my employer. My Employer says we don't have to worry since the original H1 is till Sept 2020 and yes he is continuing to keep all the benefits. But he mentioned not to file for any amendment as it's not necessary until I get a new project or client where in he wants us to file the Amendment and extension.

That's where I am confused as well about filing or letting somehow USCIS know that I wanted to use my original 797. Do you guys have any other recommendations on how should I go forward.

 

 

[gopalakrishnach]

My Employer says we don't have to worry since the original H1 is till Sept 2020 and yes he is continuing to keep all the benefits. But he mentioned not to file for any amendment as it's not necessary until I get a new project or client where in he wants us to file the Amendment and extension.

The above looks good for me. Sept 2020 H1B is valid and you can go back to those conditions.

[User099]

On 4/8/2020 at 1:17 PM, goud98 said:

Thank you all for your response, it's really valuable and appreciate in giving your advice.

@cap-gap  & @User099 & @gopalakrishnach The layoff happened at the client not from my employer. My Employer says we don't have to worry since the original H1 is till Sept 2020 and yes he is continuing to keep all the benefits. But he mentioned not to file for any amendment as it's not necessary until I get a new project or client where in he wants us to file the Amendment and extension.

That's where I am confused as well about filing or letting somehow USCIS know that I wanted to use my original 797. Do you guys have any other recommendations on how should I go forward.

 

 

You should be able to work if the old job is still available and if your employer is paying you as per the LCA. 

[JoeF]

9 hours ago, gopalakrishnach said:

My Employer says we don't have to worry since the original H1 is till Sept 2020 and yes he is continuing to keep all the benefits. But he mentioned not to file for any amendment as it's not necessary until I get a new project or client where in he wants us to file the Amendment and extension.

The above looks good for me. Sept 2020 H1B is valid and you can go back to those conditions.

The H1 petition or visa is totally irrelevant. Your I-94 is the ONLY thing that matters.

You are only employed if the employer pays your salary. Not just benefits, the whole salary.