RFE situation. What are my options if denied.

[Arvind Mani]

Here is my situation, I got laid off by my previous employer (Employer 1) and my H1B petition with them was valid till Aug 2024. I now have new employer (Employer 2) filed my H1B petition within the grace period and have an RFE issued and my employer will be responding to it shortly. I also have another H1B petition valid from my previous employment from another employer (Employer 3) valid till Apr 2024.

Query:

- If my H1B petition (from Employer 2) is denied after responding to the RFE, Will I be out of status and have to leave the country or Will I get another 60 days grace period to look for another position?

[Attorney_24]

You are currently in a period of authorized stay based on the pending H-1B Petition timely filed by employer 2. Generally, if the pending case is denied it will result in you falling out of status. 

[Arvind Mani]

Thanks for sharing this information. However if I file another H1B transfer with a new employer before the RFE decision, Will I be able to maintain my status?