H1B Transfer after layoff, I-94 expiring soon


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Hi Friends,

I’ve been laid off from a company who withdrawn my H1B. So I’m in 60-days grace period from 18th April, have i-94 till 3rd Sep 2020 and going to do my H1B transfer with employer A soon. Can someone please clarify my doubts 

  1. Is my I-94 still valid till 3rd sep 2020? 
  2. Is it mandatory to get USCIS receipt on or before 60 days (Or) Is it fine to submit petition documents? 
  3. Should I start working with the client after 60 days based on the USCIS receipt/petition submit to USCIS because of delays in background verification? 
  4. Client is going to provide letter only after joining with them so is it good to submit H1B petition with out client letter?
  5. Will USCIS deny H1B transfer cases with out giving any RFE?
  6. what are the options do I have just in case if they deny my new H1B with employer A? 
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1. Yes

2. Receipt is better I guess just submit I am not sure.

3. In your case to run payroll and support yourself and family I feel there is no other option beside start working on receipt.

4. Yes, maybe you will get RFE. Join employer/client on receipt and if you get RFE submit client letter.

5. In most cases they will ask for RFE.

6. After I94 expiry or 60 days which ever is least you need to leave US

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1. Your I94 is valid, but you will only have 60 days of valid status after Apr 18th.

2. You should have atleast submitted the H1 petition within the 60 days and USCIS should have received it.

3. Yes, you can work after you get the receipt notice or you can wait for approval.

4. Its upto your employer and attorney on how they want to deal with it. You might get an RFE asking for Client letter if you don't submit it before.

5. Generally they issue an RFE if anything is missing.

6. You can appeal it or file a new H1 with a different company. 

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  • 2 weeks later...

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