H1B transfer issues-- Need help

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This is Srini from Raritan,NJ.

I am in a very troubled situation now with my wife and 3 month old daughter.


1) I was laid off by my company A last month. Reason is they lost the project to another vendor. They did not have any other in my skillset.

Being in a desperate situation of given a month prior notice I tried looking for employer. A big consulting firm gave me offer and filed petition few days

before my last day.Though they denied to file in PP and I had no other choice but to join. My petition and i94  with A was till 2022 Jan. Stamping expired.


Upon joining I could find that they have hired me based on some future role which did not get matured. They have roles and positions in same location but for other clients but they know my case is pending and they wont be able to support further if RFE comes.

I was initially thinking of reporting to USCIS under whistle blower provision, reveal everything and seek for help.But frankly we are too weak to fight. Specially when I have to think of my family.

Now yesterday suddenly one perspective employer expressed interest and is ready to transfer my petition directly. Though they are unaware of my recent job and situation.

Given the scenario what are my options:-

1) As I am still under 60 days grace period since last job gone, should I just ask to transfer with my petition A? and if C gets approved resign B and start working for C?

2) wait for H1b RFE and start accepting other client roles, once denied go back to India, Re apply ,re stamp and come back with same employer? I am not sure in that case from my last company till rejection I would be considered " in status
 or " out of Status" and would complicate my chances for further approval or entry in US?


Please advice. Also let me know in this scenario out of status is considered from date of rejection or date of filing?





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