h1b transfer with RFE(layoff)


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Hi guys,
I am in my 9th year of H1b , with I140 approved twice.
I was laid off on January 21st, so my 60 days grace period ends March 21st.
My previous h1b was revoked as per my USCIS case number I submitted online.
I have a university that has filed for my h1b, with labor approved last week, and H1b with premium processing started March 5th. I got a RFE on March 13th
(reason unknown yet).
I have following queries:

1) Can I join the university even before getting my approval? The university says I cannot join since I have an RFE.
2) lets say I am not able to join by the 21st(my last legal status day in US), can I still stay in the US legally after 20th waiting for the approval/RFE response? or I have to leave and come back later?
3) How much time is given to address RFE. Can the response be filed under premium processing too?if yes, does that require additional fees?
4) if the USCIS is not satisfied with the response, what is the next step then? can I still stay legally in US after that?
5) if I get my USCIS approval, is it possible to join at new position remotely( due to coronavirus scare, I dont want to risk travel through airports, and driving is not an option, its 2000 miles).
I asked International affairs at the university and they were adamant about joining in person. Is it required legally to join in person?
6) Lets say worst case, I have to leave the country . However, I just saw the news that India might issue travel ban for people from USA due to coronavirus. What happens then legally, if I cannot leave the country?

any help is greatly appreciated .

 

sunny

 

Edited by sunnyroyer
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1. Many company likes to join after approval.

2. If I94 is not valid leave USA and come back with stamping.

3. Yes and yes additional fees. Your petitioner migth give you more details.

4. If rejected and I94 is not valid you cannot stay in USA.

5. If your employer/petitioner permits work from home you can do.

6. You can contact India External Affairs ministry. I guess they might do tests and keep isolation for Indian citizens. After all we are citizens of India and govt cannot abandon us. Do they?

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On 3/14/2020 at 7:22 PM, sunnyroyer said:

Hi guys,
I am in my 9th year of H1b , with I140 approved twice.
I was laid off on January 21st, so my 60 days grace period ends March 21st.
My previous h1b was revoked as per my USCIS case number I submitted online.
I have a university that has filed for my h1b, with labor approved last week, and H1b with premium processing started March 5th. I got a RFE on March 13th
(reason unknown yet).
I have following queries:

1) Can I join the university even before getting my approval? The university says I cannot join since I have an RFE.
2) lets say I am not able to join by the 21st(my last legal status day in US), can I still stay in the US legally after 20th waiting for the approval/RFE response? or I have to leave and come back later?
3) How much time is given to address RFE. Can the response be filed under premium processing too?if yes, does that require additional fees?
4) if the USCIS is not satisfied with the response, what is the next step then? can I still stay legally in US after that?
5) if I get my USCIS approval, is it possible to join at new position remotely( due to coronavirus scare, I dont want to risk travel through airports, and driving is not an option, its 2000 miles).
I asked International affairs at the university and they were adamant about joining in person. Is it required legally to join in person?
6) Lets say worst case, I have to leave the country . However, I just saw the news that India might issue travel ban for people from USA due to coronavirus. What happens then legally, if I cannot leave the country?

any help is greatly appreciated .

 

sunny

 

1. You can. But its up to the employer to decide if he wants you to start on a receipt notice.

2. Yes, you can stay as you have a pending petition.

3. You should reply within 90 days. If you filed you H1 in premium then the RFE response will also be expedited. If not, you can file premioum with RFE response, I think its around $1400.

4. If the case is denied you will have to leave the country.

5. You might have to check with your employer on this one. 

6. Ban is not for Indian Citizens, its for anyone with an Indian Visa. I suppose you are an Indian Citizen. 

4. 

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