Transferring H1B to Emp C after Emp A petition is withdrwan

[vishalshines]

Hi Experts,

 

I worked for employee A on H1B and was on bench for my health issues and they didnt run pay checks in bench time.I applied for sick leave via email and they approved in that time period. Afer one and half month bench time i got a offer from employer B and they applied for H1 transfer in Dec23 2014 and i am working in cleint place with that applied petition. After one month i got RFE asking for bench time pay checks with employer A. We submitted the Leave approval emails for the same period and waiting for approval.

 

Still the petition status is in "response recieved".

 

Employer A has withdrawn my petition in Jan 28th 2015.(Employer B applied for transfer on 23Dec 2014)

 

My visa with Emploer A is valid till Sep 2016

 

 

Now  i am transfering to Employer C 

 

 

1. Can employer C apply for transfer with Employer B's petition or Employer A's petition (This petition A is withdrawn)

 

 

Please suggest me.

[jairichi]

Based on B's petition. Your H1B will be approved without an I94.

[livliv]

C can get their petition approved, but it will not be with I-94, since you are currently not in valid status. (Your status is  pending)

[vishalshines]

Thanks a lot for your replies Jairichi and LivLiv

 

1. What if B's petition is not approved while transferring to C

2. What are the chances of B's petition is getting approved? (Can you please see below  for scenario of RFE (Employer B).Thanks)

3. Can i apply for transfer to Employer C after B's petition is denied

 

 

Scenario of RFE for Employer B

 

(I worked for employee A on H1B and was on bench for my health issues and they didnt run pay checks in bench time.I applied for sick leave via email and they approved in that time period. Afer one and half month bench time i got a offer from employer B and they applied for H1 transfer in Dec23 2014 and i am working in cleint place with that applied petition. After one month i got RFE asking for bench time pay checks with employer A. We submitted the Leave approval emails for the same period and waiting for approval.)

[vishalshines]

Hi,

 

Sorry to bother you. I have one more question

 

Please help me in this question.

 

1. What are the risks in not getting I-94.

2. Can i cross the border and re enter into US without any Visa interview (As i have valid Visa till Sep'2016).

3. After knowing not having I-94 in status, in how many days we need to cross the border. For example. Can i cross after 3 days?