H1 B RFE while I am laid off

[Vandana Shah]

Hi 

My H1 B went for a renewal for the second term in normal processing . I received an RFE on it and my employer who filed for it laid me off .(my last paystub date is sept 13)They refuse to respond to the RFE. My current visa stamp is valid till sept 30, 2024 and my I 94 is valid till Oct , 10 2024 . In this scenario 

1 . Am I still eligible to stay for 60 days in the USA and find a job 

2. After I find a new employer , what happens to this RFE from the previous employer since it has not been responded ?

3 . After I find a new employer do I hire my own counsel and get this RFE responded or wait for the new employer to file for a transfer and wait to see what happens ? 
 

Any response or guidance helps 

 

[Attorney_20]

The 60 day grace period only applies if you have an I-94 valid for at least the next 60 days. In this case, your grace period ends on October 10 and you need to file an H1B transfer or change to a different status before that date to remain in the U.S. lawfully. If the employer is not willing to respond to the RFE because the job no longer exists, there is nothing you can do with the RFE in that case.

[Zodiac System]

If your employer does not respond to RFE, it will result in denial which will look bad on your immigration records.  Please request your employer to "withdraw" this extension so that it does not result in denial.  In the meantime, as attorney_20 has advised, please  file your change of status before October 10.  Good Luck. 

[Vandana Shah]

My employer has responded to the RFE. I am hoping it gets approved . 
 

[Attorney_20]

On 9/16/2024 at 10:24 AM, Vandana Shah said:

My employer has responded to the RFE. I am hoping it gets approved . 
 

Did they respond saying that the job offer still exists? That would be misrepresentation, unless they rescinded the layoff.