H1B Extension pending for more than 180 days

[jn2011]

Hi - Can someone help me, I'm currently working with comp A

 

L2 EAD - May 2009 - dec 2011

H1B - Dec 2011 - 12/31/2012 ( i-94 also still 12/31/2012)

 

H1extension receipt date - 12/28/2012

 

RFE received on 2/10/2013

RFE responded on 5/1/2013 ( before the RFE end date as mentioned in the RFE)

 

Current USCIS status -  "Request for Evidence Response Review"

 

 

 My question here

 

1. If my H1b ext gets denied, will I be considered as out of status from 12/31/2012 or from the date it is denied becuase if it is from 12/3/2012 then I'm already out of status for more than 180 days.

 

2. RFE is about "RIght to Control" , so should I ask my employer to upgrade for PP.

 

3. Should i stop working after 240 days that is after 8/27/2013.

 

4. Is it good to transfer my H1B to another employer now?

 

5. If denied then I will go India and get H4 stamped as my spouse is in H1B. Once after I come, can i transfer the same H1 with another empoyer.

[jn2011]

Can someone please advice?

[spr0709]

Dont worry about your current status, before your expiry date(12/31/2012) you have filed your H1B (12/28/2012) and you can legally stay in this country with receipt notice and in the worst case, if it gets denied then consult with your lawyer and file an appeal and still you can try to drag your case without going out of country.

 

this depends on case to case and based on the terms of denial.

 

the reason i told this is nothing ends immediately, you have lot of loop holes in this system where you can find ways.....keep you hopes up and fight until the last moment....you will get success....

 

All the very best!!!

[Jyothis]

 

1. If my H1b ext gets denied, will I be considered as out of status from 12/31/2012 or from the date it is denied becuase if it is from 12/3/2012 then I'm already out of status for more than 180 days.

 

If I remember right, it should be from date of denial

2. RFE is about "RIght to Control" , so should I ask my employer to upgrade for PP.

What difference does that make here?

 

3. Should i stop working after 240 days that is after 8/27/2013.

Ask your attorney.

 

4. Is it good to transfer my H1B to another employer now?

It could complicate things, but call your attorney - hire one if you don't have one. It could be worth it.

 

5. If denied then I will go India and get H4 stamped as my spouse is in H1B. Once after I come, can i transfer the same H1 with another empoyer.

I think you can do cos instead of going out and coming back in. As for transferring, if your extension is denied, what h1 are you transferring?

[jn2011]

Thanks Spr0709.

Thanks yankeedoodle and to your point 5. I have only used 1.5 yrs of my current h1, I can still file a new h1 after i come back which will not come in cap count. Is that correct?