employer forgot to extend visa

[tunic]

All, 

My staffing agency forgot to extend my H1 visa. This was discovered after about 3 months. I transferred visa to a different staffing agency at this stage as I was disappointed in previous employer. The end client remains the same. We filed via premium processing and received an RFE. Staffing agency is yet to file response to RFE, it's been a few weeks now. 

 

My questions are...

1. What are my choices at this time:

a) Can I look for a new employer and get a new petition filed as we speak?

b) Or do I need to wait till I receive a decision from USCIS on my H1 visa -approval/ rejection.

2. If USCIS's decision is a rejection, do I leave the country immediately or can I wait till the 180 day mark. It is easier to interview while still in the US. 

3. I am currently not being, reason given is that I am out of status and should not be working. Should I get a new job and transfer my H1, will the lack of pay stubs from new staffing agency pose a problem?

 

Please advise. 

 

Thank you. 

 

 

[wiweq]

Staffing agencies cannot file your H1b. If they did, you were never on H1b. Staffing agencies cannot maintain employee-employer relationship and thus cannot support your H1b status. Better to talk to an expert attorney. 

[JoeF]

On H1, you can NOT work for a staffing agency.

On H1, you ALWAYS work for an employer. The employer may send you to work at a client site, but the employer can NOT be a staffing agency.

You should find a better employer.

[tunic]

Thank you for your responses. 

I have used the words 'staffing agency' & 'employer' interchangeably. I have always worked at end-client site.

 

I'd greatly appreciate your responses to these questions...

My questions are...

1. What are my choices at this time:

a) Can I look for a new employer and get a new petition filed as we speak?

b) Or do I need to wait till I receive a decision from USCIS on my H1 visa -approval/ rejection.

2. If USCIS's decision is a rejection, do I leave the country immediately or can I wait till the 180 day mark. It is easier to interview while still in the US. 

3. I am currently not being, reason given is that I am out of status and should not be working. Should I get a new job and transfer my H1, will the lack of pay stubs from new staffing agency pose a problem?

[JoeF]

If you use "staffing agency" with officials, e.g., at a consulate, you likely would get a denial.

A staffing agency can NEVER sponsor H1s.

Your employer can NOT be a staffing agency. If you use that term, then the employer is obviously a fraud.

Find a better employer, one who is a real employer.