Got laid off after receive H1B transfer RFE

[Victoria]

I left my 1st employer at the beginning of February, my 2nd employer sponsored the H1B transfer back in March. I started working after getting the receipt, and then my case got RFE, and the deadline to submit the RFE is mid of June. However, my 2nd employer couldn't continue to submit the RFE because they could only continue my employment until the end of May because of the pandemic impact. At the same time, the RFE deadline was extended for 60 days, which means the deadline for submitting the RFE is the mid of August for me now.

One of the lawyers thinks, as long as my employer doesn't withdraw my H1B RFE case, I am still on H1B status and a valid status to stay in the country until they drop it before 8/15, and I can transfer to B2 before they drop it.

However, two other lawyers think my last day of H1B status is 5/31 which is the last day with the 2nd employer, and because the application with the 2nd lawyer was RFE (not approved), I don't have 60 days grace period this time, which means I am out of status since 5/31(the last day with 2nd employer), and it doesn't matter with when the 2nd employer withdraws the RFE case. Also, it is very risky to submit 1-539 to transfer to B2 now since I am already out of status.

Because I hear different voices, I don't know which one should I follow, and I am very concerned about being out of status, which is the least thing I want to happen. Also, due to the travel restrictions, it is so hard to leave the country as soon as I want. Please help! If you have the same experience, please share with me how did you deal with it, and what was the perspective you use? Also if Murthy Law team can advise! Thank you very much.

[JoeF]

You are no longer in valid H1 status, because you have been laid off.

[User099]

You last day was 5/31 on H1 even if the RFE is pending. Talk to an attorney to get some good legal advice (which might not be free).

Hopefully they can file an NPT + B2 for you. 

[gopalakrishnach]

I feel you are laid off then you are not in H1B status. Please talk to attorney ASAP. I may be wrong.