H1B Transfer Issue - Guidance Needed

[ni317954]

Hello All,

I recently got a job and the employer filed for my H1-B transfer on July 5th.

Before getting this job I was working for other employer and was laid off and they revoked my H1-B on April 26th. My wife is on H1-B and I had filed for an H4 transfer application on April 2nd to be in legal status and have the receipt notice from USCIS.

With my current H1 transfer I got an RFE saying that the H1-B application with previous employer was revoked on April and asking for my legal current status. The attorney is going to reply as I had duly filed for and H1 to H4 to be in legal status(pending approval). However the attorney told me I cannot work untill this matter resolved. Is this true? that you cannot work in such scenarios where you receive an RFE and cannot work untill the H1-B transfer is approved?

I started work for a week and then had to stop working because of this issue. Your expert guidance on what would be the course of action from USCIS and with my situation what would be the outcome would be much appreciate.

Looking forward for the inputs!

[rahul412]

Is this true? that you cannot work in such scenarios where you receive an RFE and cannot work untill the H1-B transfer is approved?

Since your previous status is not H1(work) you have to wait till your transfer has been approved. However, if your previous status was H1 then you can work till your new H1 is approved if your old employer doesn't cancel your H1 at that time.

Wait for more replies...!!!!

[ni317954]

@rahul412 thanks for your reply.

My previous employer did revoke my H1-B on around April 26th. The H1-B transfer with current employer was filed on July 5th and received an RFE to show the status in between as my H1-B was revoked.

I did apply for H1 to H4 to remain in legal status and have a receipt date of April 2nd(before the H1 from old employer was revoked. Result still pending).

Attorney is working to reply to RFE but I was told untill this is resolved I cannot actively work and had to stop working.

For the RFE I did apply for H4 to remain in legal status in between finding jobs so would that be taken into consideration to grant me a H1-B transfer and if yes would I be told to go get a stamp before I start working on the transferred H1. My I-94 is also valid untill AUG2013 and have a valid stamped h1-b visa from a previous employer untill 30SEP2012.

Please share your thoughts and provide guidance on what are my chances of getting the H1-B transfer approved?