Urgent -No response to H1B transfer after 240 days

[limit2sky]

Hi,

I transferred my H1B from employer A to B. My i94 at employer A is until Sept 2021 but my H1B with employer A got revoked in Sept 13 2019. So I tranferred my h1 to a new employer B on Sept 27 2019 and started working without getting approval. Its been almost 221 days till today(May 5 2020) and getting close to my 240 days and still no response from USCIS due to COVID. Can I legally stay after 240 days in USA  in this case ?  Can I continue working after 240 days as my i94 is still valid upto 2021 ? Does 60 days grace period (mentioned my USCIS on May 02 2020)is applicable for me continue working after the 240 days period.?

 

Please suggest!! Thanks in advance

[gopalakrishnach]

Can I legally stay after 240 days in USA  in this case ? -- Yes

Can I continue working after 240 days as my i94 is still valid upto 2021 ? - I guess no.

Does 60 days grace period (mentioned my USCIS on May 02 2020)is applicable for me continue working after the 240 days period.? - It has to be same employer same job and no changes...

 

[LeaveMessageH1B]

20 hours ago, limit2sky said:

H1B with employer A got revoked in Sept 13 2019. So I tranferred my h1 to a new employer B on Sept 27 2019

This does not sound right, how did you transfer revoked petition? - does your employer know all the "facts?"

I might be wrong,but consider getting professionals help at this point.

 

[JoeF]

5 hours ago, Leavemessageh1b said:

This does not sound right, how did you transfer revoked petition? - does your employer know all the "facts?"

I might be wrong,but consider getting professionals help at this point.

 

An employer is required by law to inform USCIS if a worker on H1 no longer works there. That results in revocation of the employer's H1 petition. It has no effect on the ability to "transfer" the H1, which is really just a new cap-exempt H1 petition.

[limit2sky]

On 5/6/2020 at 11:07 AM, Leavemessageh1b said:

This does not sound right, how did you transfer revoked petition? - does your employer know all the "facts?"

I might be wrong,but consider getting professionals help at this point.

 

I spoke to an attorney from Murthy firm at that time and they said I can find new employer and tranfer within 60 days. 

[limit2sky]

On 5/6/2020 at 4:25 PM, JoeF said:

An employer is required by law to inform USCIS if a worker on H1 no longer works there. That results in revocation of the employer's H1 petition. It has no effect on the ability to "transfer" the H1, which is really just a new cap-exempt H1 petition.

Thank you. Please let me know if I can work after 240 days, the reason I am asking this question is, Since I didnt get any response from USCIS from Sept and if I stop doing job after 240 days what work documents can I show if USCIS comes with a RFE after 240 days as I am not allowed to do any job now

[limit2sky]

On 5/6/2020 at 11:07 AM, Leavemessageh1b said:

This does not sound right, how did you transfer revoked petition? - does your employer know all the "facts?"

I might be wrong,but consider getting professionals help at this point.

 

Thank you. Please let me know if I can work after 240 days, the reason I am asking this question is, Since I didnt get any response from USCIS from Sept and if I stop doing job after 240 days what work documents can I show if USCIS comes with a RFE after 240 days as I am not allowed to do any job now

[User099]

240 day rule doesn't apply to transfers. It only applicable to extensions with same employer.