H1 to H4 I 539 COS denied, H1B transfer petition with newemployer is pending


scorpion311

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Hi,

I worked with an employer A for one month and got laid off, searched for other jobs but did not find  and after one month applied for COS H1 to H4(I 539) .Later found a new employer and applied H1 B transfer but at that time i have received

1. H4 RFE(I 539)- Asked to submit paystub for that one month gap period.

              As i do not have paystubs for one month  period and unaware of graceperiod. I came to know thr lawayer that employer A did not follow bonafied termination, so filed WH4 with DOL and submitted same as H4 RFE.

 

2. After H1 transfer is applied with new employer received H1 RFE- Requesting whether i am on valid H4 at the time of H1B petition filing

 

 

Right now my COS H1 to H4 got denied while new H1 transfer with new employer is in processing.So i am out of status so came back to home country.

 

Which option would be best:

 

1. If my new employer applies for consular processing can i go back to US on H1 stamping

 

2. Next would be Can i go back to US by  H4 visa staming?

 

Which option has less risk? I am in great need of help.Pls suggest me.

 

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