Validity of status

[jyotheswar]

Hi All,

I have question the status.

I applied for a H1 transfer from one employer A to other employer B. and employer B has already run a month payroll. But now they got a RFE.

The question i have is, if in case something goes wrong now, will it effect my current status and can I go back to my previous employer with whom i have a valid I94 till next year end.

Appreciate you insights on this.

Thanks & Regards

Eswar.

[Attorney_10]

Generally, if an H1B employee uses H1B portability to begin working with the new company while the petition is approved and the petition is denied, then the H1B employee is considered out of status and would need to depart the U.S. Please schedule a consultation with a qualified immigration attorney to discuss the specific issues relating to your case.

[saiiii]

Hello Attorney 10,

I have a situation here.

I am on opt with expriation on dec 2012.

I have a employer and he applied for H1b regular process, when it was in process i went to India and came back and applied for premium process.

USCIS has approved it and sent a note that i need to go for stamping as i left country while processing the change of my change of status. They said i abandoned the request for a change of nonimmigrant status and the petition shall be denied.

I got a I-797 C

my employer said as i am back in US he has applied once again I-129 for change of status on Aug 27th. This is still in process. Do you what status i come under now??

can you suggest anything on this??

[saiiii]

Hello Attorney 10,

I have a situation here.

I am on opt with expriation on dec 2012.

I have a employer and he applied for H1b regular process, when it was in process i went to India and came back and applied for premium process.

USCIS has approved it and sent a note that i need to go for stamping as i left country while processing the change of my change of status. They said i abandoned the request for a change of nonimmigrant status and the petition shall be denied.

I got a I-797 C

my employer said as i am back in US he has applied once again I-129 for change of status on Aug 27th. This is still in process. Do you what status i come under now??

can you suggest anything on this??