h1bguy7 Posted October 10, 2014 Report Share Posted October 10, 2014 I was laid off on 22nd August 2014 and I found another employer who filed for my H1B transfer petition on Sep 17th 2014 ( Receipt date). My previous employer has not yet sent the request to revoke the H1B petition. I have pay stubs till the end of Aug 2014. I received an RFE on Sep 23rd 2014 requesting the employer to provide SOW and other project related documents. The RFE will be responded around 15th October 2014. I understand I am out of status since the H1B petition was filed 25 days after my employment termination. I have an I-94 valid till Apr 2016. My employer has made it clear that I can join them only after H1B approval. 1. Can I continue to stay in the US until USCIS makes a decision on my pending H1B petition? Or is it better to leave US and come back after approval? 2. If I leave US before petition approval, Can I come back using my existing H1B visa stamp from my ex-employer and the new I-797 petition? Please advice. Thank you! Link to comment
jairichi Posted October 10, 2014 Report Share Posted October 10, 2014 1. You can stay. 2. Yes, you can. Link to comment
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