H1B_visa123 Posted January 13, 2018 Report Share Posted January 13, 2018 Hello Friends. I was laid off in mid November from my employer A. -- A new employer B which is a BIG IT vendor filed for my transfer the next day and i have an RFE for that. I was told that the last date to respond to that RFE is Feb 15. -- The client cancelled the project So i was not able to join Employer B . Employer will only respond to my RFE if am working for him. -- In the mean time I found a new employer C Full time and is in process of filing my transfer from employer A. I did not tell my scenario to this new company as i might put my self in to a difficult situation. My question is Can I still stay legally in USA after 60 days as my petition is in process. My new employer will file the transfer but that might cross 60 days by the time he sends my petition to USCIS. What are my options. Note:- My i94 is valid till May 2018 Any guidance is greatly appreciated. Link to comment
vinodhts Posted January 14, 2018 Report Share Posted January 14, 2018 If you have any pending application then I believe you are not out of status , if you have a valid I 94. Link to comment
H1B_visa123 Posted January 15, 2018 Author Report Share Posted January 15, 2018 Yes, but what happens if i can't join employer B. Because the project which I was expected to get is cancelled. So Employer B will not on-board me any more now. Link to comment
JoeF Posted January 15, 2018 Report Share Posted January 15, 2018 11 hours ago, H1B_visa123 said: Yes, but what happens if i can't join employer B. Because the project which I was expected to get is cancelled. So Employer B will not on-board me any more now. Then employer B would have to withdraw the H1 petition, if the job no longer exists. Link to comment
H1B_visa123 Posted January 15, 2018 Author Report Share Posted January 15, 2018 Since my petition is already in process with employer B. Can a different employer file for a new transfer from A--> C after 60 days, avoiding me having to travel out of Us and come back? Link to comment
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