H1B Transfer Denied and my I-94 (Previous Employer) is getting expired on Oct 2013

[Vinodh_April]

Hi All,

I’m facing a tough time now….

I moved from Employer A to Employee B on March 2013, and my employer B filed H1B Transfer and extension on Premium, which went to RFE on April, then my employer responded on my RFE which got denied.
Meanwhile I joined at the client place on March 2013 and started working, and still working for the same client in client location..

My wife is pregnant and we are expecting in 6 weeks, and I will not be able to travel any location for the next 3 months.

I don’t know, what to do.

1) Is it possible for my employer to file a new H1B on the same client
2) Is it legal for me to stay and work here for the same client
3) How can I find, whether my I-94 is valid or not? Or whether my previous employer had revoked my petition or not?
4) My Employer B, gave me 2 options. Either to go back to employer A (Which is not possible for me now) or Employer is going to apply for new H1B for some other client? Is it a valid, will it give any problem?
5) What is mean by Out of status?

[kabkaba]

Since B's petition is denied and you are not working for A, you are not maintaining your H1B status. That is called as being 'out of status'. Since you are out of status, any petition filed by any employer cannot be approved with a new I-94. You will have to leave and return to get an appropriate I-94.

Since your I-94 has not expired, you are not illegally present. The work that you performed while B's petition was pending is also legal. However, work performed after B's petition denial is illegal.

Your wife will not be able to travel in this situation. There is no legal remedy to this situation IMO. It is best to consult an experienced immigration attorney on your own.

[Vinodh_April]

Thanks for the reply...i'm checking with my employer for different options..