Changed employer: question about out of status

[ravi_m]

Hi,

I changed my employer this month(April).

My H1 and my wife's H4 visa were expired on February when I was with my previous employer and they had filed for renewal. Meanwhile I got a better position and transferred my H1 to my current employer. The H1 transfer got approved and new I-797 shows the validity start date from March 2014 onwards.

There is a gap of one month between my previous and current I-797.

Now, we got RFE in the H1 and H4 renewal (with the previous employer).

Will I go out of status for one month if my previous employer cancels the renewal or the renewal gets denied for any reason (because there is one month gap between previous and current I-797)?

Thanks in advance.

[raghvi]

Hi,

I changed my employer this month(April).

My H1 and my wife's H4 visa were expired on February when I was with my previous employer and they had filed for renewal. Meanwhile I got a better position and transferred my H1 to my current employer. The H1 transfer got approved and new I-797 shows the validity start date from March 2014 onwards.

There is a gap of one month between my previous and current I-797.

Now, we got RFE in the H1 and H4 renewal (with the previous employer).

Will I go out of status for one month if my previous employer cancels the renewal or the renewal gets denied for any reason (because there is one month gap between previous and current I-797)?

Thanks in advance.

When did the previous employer's H1 I-94 expire? When did you start working for the new employer? What is the RFE about?

If your previous I-94 expired in Feb 2014 then unless your previous H1 petition extension is approved you would be considered out of status.

This is my opinion not legal advice.