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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!
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!
