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Hi i have a stamped visa and I94 till Aug 2018. But same time i got RFE when i did transfer to new company.

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asked Apr 20, 2017 in H1B: RFEs by project manager (400 points)
Hi i have a stamped visa and I94 till Aug 2018. But same time i got RFE when i did transfer to new company.

question is-

1. if my case denied, am I will be out of status?

2. do I have to go back to my native country? if yes then soon

3. should I go back to my previous employer? or find another new employer

4. what I suppose to do to continue my work in USA

1 Answer

0 votes
answered Apr 20, 2017 by vesaservices.com (1,132 points)

1. if my case denied, am I will be out of status?

If you have left the previous employer, you may be out-of-status based on last action rule.

2. do I have to go back to my native country? if yes then soon

USCIS denial notice usually specifies the duration to leave.

3. should I go back to my previous employer? or find another new employer

Since your I-94 is valid, you may go to your old employer or a new Employer. Since you have joined another Employer, even your OLD employer will have to file a new H1B Extension.

4. what I suppose to do to continue my work in USA

You can legally work as long as the H1B Extension is pending with an Employer for 240 days

Forms Preparation fee for H4 is $95.00, H1B (New/Extension/Transfer, Amendment) is $295.00 (includes Public Access file), H1B/I-140 RFE write-up Starts at $195.00, H4 EAD $95.00  and GREENCARD/PERM/I-140 starts at $500.00, check us out at www.vesaservices.com or email at aditya@vesaservices.com

commented Apr 21, 2017 by project manager (400 points)

hi thanks for the answers.

I have 2 follow-up question for question no 3 and 4

no 3- you said "even your OLD employer will have to file a new H1B Extension."

why I need extension I have stamped visa from this company only till aug 2018, can I simply join him with new or running project?

no 4- now since 240 days has gone and I am out of status so can I start my visa transfer processing with new company? I have the latest paystubs

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