H!B Transfer - Extension Denied - I94 Expired

[h1bporttransfer]

Hi

My I-94 expired in Dec 2019.

Extension was filed with Employer A in Aug 2019, denied on May 29 2020.

Transfer was filed by Employer B (as extension of stay) on May 1 2020, started working on receipt notice.

Employer B's attorney says that I can continue to stay and work till the transfer petition is adjudicated. 

Depending on the adjudication, if the petition is approved as Consular processing, I will have to exit and re-enter with a Valid US VISA.

If the petition is approved with I-94, can continue to stay and work here.

If I have to exit and re-enter, can I go to VISA stamping in Mexico as this is not a change in status?

 

 

[User099]

You can go to Mexico for stamping. But check if the consulates are open and accepting visa petitions. 

[gopalakrishnach]

If I have to exit and re-enter, can I go to VISA stamping in Mexico as this is not a change in status? -- I feel this is not your first H1B stamping. If not yes you can go to Mexico when consulates are open for visa stamping services.

[cap-gap]

There were several cases not long ago where USCIS took a strong position when the bridge petitions were denied.

Yours is a bridge petition bcz when you filed a new petition in May with B, you were in valid status even though your i94 expired, with a presumption that extension with A will be approved. Given that the company A filed an invalid extension petition for you, the B petition may be deemed to have been filed while you were in an invalid bridge status. 
USCIS may make the ruling either now or while at I485 status..

check with a really competent lawyer who is up to speed on all the latest USCIS memos..