Very urgent 7th year H1B transfer to Recapture H4 times went to RFE

[ton_vj]

Very urgent 7^th year H1B transfer to Recapture H4 times went to RFE

1. On 10^th July 2006: Came to US on H1B

2. On July 27^th 2009: Change of Status from H1B to H4 due to layoff.

3. On April 28^th 2010: Change of Status from H4 to H1B with Company A, H1B Approved valid till July 3^rd 2012.

4. On May 20^th 2012: Labor-PERM Approved with Company A

5. May 31^st 2012: Company A’s attorney requested USCIS to re-open my H1 and give extension till april 27^th 2013. Though they haven’t sent any fees, its just a request by e-mail

6. June 12^th 2012: USCIS re-opened the case and its still (as of 07/22) in the Initial acceptance stage. I think USCIS are asking for additional docs / money, but I don’t know the details.

7. May 31^st 2012: Resigned with Company A.

8. June 24^th 2012: H1 Transfer in premium applied thru Company B to recapture 9 months H4 times.

9. July 19^th 2012: Company B shared the RFE information and the company B’s lawyer asked me to apply for H4 (Currently spouse is out of the country for Vacation & Visa stamping) as in the RFE USCIS has mentioned that as of June 1st 2012 I am out of status. And even they approve it will be consular processing.

10. July 20^th 2012: Company A is ready to take me back, ready to file I-140 & H1.

What I have to do to stay legally inside the country without leaving the country. Is my Company B’s Lawyer guiding me in a right direction?

And or can I join company A, will that gives me legal status without me leaving the country as my I-94 is valid till 3^rd July-2012. And the case is still open with USCIS.

How this situations will affect the green card processing in the future.

As I strongly feel that my new Company B is not good or not efficient to help me, can I ask the company B to withdraw the H1B Transfer after the H4 / H1 with company A is approved?

Experts please suggest me the right path.

[kalyan_ac]

Has Company A revoked your H1b when you resigned?

If yes, you are in trouble. If no, you can safely go back to them and ask Company B to withdraw the petition.

But still you may face situations in the future where USCIS may ask your status based on paystubs(for the two months) or you will have to prove that you were on vacation or something.

[ton_vj]

Update:

Very urgent 7^th year H1B transfer to Recapture H4 times went to RFE

1. on 10^th July 2006: Came to US on H1B

2. On July 27^th 2009: Change of Status from H1B to H4 due to lost job.

3. On April 28^th 2010: Change of Status from H4 to H1B with Company A, H1B Approved valid till July 3^rd 2012.

4. On May 20^th 2012: Labor-PERM Approved with Company A

5. May 31^st 2012: Company A’s attorney requested USCIS to re-open my H1 and give extension till April 27^th 2013. Though they haven’t sent any fees, it’s just a request by e-mail

6. May 31^st 2012: Resigned with Company A.

7. June 12^th 2012: USCIS re-opened the case and issued amended H1B till 04/03/2012. But company A revoked it, saying employee left company.

8. June 24^th 2012: H1 Transfer in premium applied thru Company B to recapture 9 months H4 times.

9. July 19^th 2012: Company B shared the RFE information and the company B’s lawyer asked me to apply for H4 (Currently spouse is out of the country for Vacation & H1 Visa stamping) as in the RFE USCIS has mentioned that as of June 1st 2012 I am out of status. And even they approve it will be consular processing.

10. July 20^th 2012: Company A is ready to take me back, ready to file I-140 & H1.

11. July 27^th 2012: Company A filed I-140 Premium, upon approval ready to file H1 Transfer thru Premium (H1 Bridge petition)

What I have to do to stay legally inside the country without leaving the country. Is my Company B’s Lawyer guiding me in a right direction?

How this situations will affect the green card processing in the future.

As I strongly feel that my new Company B is not good or not efficient to help me, can I ask the company B to withdraw the H1B Transfer after the H1 with company A is approved?

Update 1

I have started working for Company B since my receipt date: 06/25, Got paychecks for June (1 week) & July(07/31).

on 07/27: Company A agreed to file and filed I-140 (premium) and upon approval, subsequently H1B transfer (premium). Company A's Immigration Attorney said this is called H1B bridge petition. But if in the bridge if company B's petition is denied and Company A's petition approved, then i have to go out of the country immediately and enter with H1 stamping for company A and can start working. But can you please validate my following understanding and revert? Thanks for the help!

Company B's Petition Denied & Company A's Petition Denied = Leave the country Immediately and enter in H4.

Company B's Petition Approved & Company A's Petition Approved = Stay in the country and work legally for either Company A or Company B.

Company B's Petition Denied & Company A's Petition Approved = Leave the country Immediately and enter with valid stamp on H1B for Company A.

Company B's Petition Approved & Company A's Petition denied = Stay in the country and work legally for Company B.