H1B transfer denial - next steps?

[saurabh.srivastava]

I transferred my H1B from company A to B. B has received RFE in Sep. 2011, responded on Oct. 06, 2011 and received denial on Dec. 16, 2011. I believe this makes my status invalid, though company A's approved I-797 is still valid.

My passport is also going to expire on Feb. 06, 2012.

What are the options for me now?

Do I need to go back to India immediately?

Can a third company C apply my H1B transfer now and I can work with C upon receipt of H1 transfer?

Shall I initiate my passport renewal now with approved I-797 from company A or it will be a trouble if I do anything with passport renewal now? Eventually the passport has to be sent for renewal to India Embassy if I am not required to leave USA immediately.

Appreciate your help and timely response.

Thanks.

[Attorney_10]

Generally, if an individual uses portability to work for a new employer while the H1B change of employer petition is pending and the petition is denied, the individual is out of status and must depart the U.S. immediately. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts relating to your case and the different options available to you.

[gharik25]

Hi.

As far as i had seen you can stick back to employer A if he has not cancelled your petition.

You can also go thru C. But you need a valid passport for atleast 6 months.

Please tell me what are you doing now?