H1B transfer denied, moving to H4

[vineeth_j]

Hi,
I got H1B in 2014 and came to US through employer A. In Dec 2015, I got a new opportunity and I moved to employer B, with the petition copy. But it went to RFE and I could see the online status (yesterday) as Denied. My employer B hasn't received any details about the rejection. Employer B told they will be refiling the case, once they receive the details.
I have a petition from employer A which is valid till end of this year. I checked the online status. Its still not revoked.
I have pay stubs from my employer B till Feb and from employer A till December.
My Wife is on H1b.

Inorder to maintain status, is the only option is to change to H4, rather than going out of country?
Will I be out of status from the day I left employer A?
How soon I have to file the change of status to H4, so that I would not be out of status?
My kids are my dependents. When I do a transfer should I change the status of my kids also under my wife?
How long the change of transfer to H4 will take and how can I get back to H1b, if I get a job offer?
Can I start the change of status back to H1b before the decision of change of transfer from H1b to H4 comes?


Hoping to hear from you.
Thank you.

[raghvi]

Hi,
I got H1B in 2014 and came to US through employer A. In Dec 2015, I got a new opportunity and I moved to employer B, with the petition copy. But it went to RFE and I could see the online status (yesterday) as Denied. My employer B hasn't received any details about the rejection. Employer B told they will be refiling the case, once they receive the details.
I have a petition from employer A which is valid till end of this year. I checked the online status. Its still not revoked.
I have pay stubs from my employer B till Feb and from employer A till December.
My Wife is on H1b.

Inorder to maintain status, is the only option is to change to H4, rather than going out of country?
Will I be out of status from the day I left employer A?
How soon I have to file the change of status to H4, so that I would not be out of status?
My kids are my dependents. When I do a transfer should I change the status of my kids also under my wife?
How long the change of transfer to H4 will take and how can I get back to H1b, if I get a job offer?
Can I start the change of status back to H1b before the decision of change of transfer from H1b to H4 comes?


Hoping to hear from you.
Thank you.

It is not advisable to join an employer merely on the basis of receipt notice, because if for some reason the petition gets rejected or approved as consular process, you need to leave US. If your H1 was denied and you are already working for B, it means you are out of status, the paystubs from B do not hold any value in proving your valid status. Your dependents are also out of status. Once out of status, a Change of Status cannot be applied. I would suggest leaving US and re entering on fresh H4 visas.

This is my opinion not legal advice.

[vineeth_j]

H1B transfer denied, moving to H4

It is not advisable to join an employer merely on the basis of receipt notice, because if for some reason the petition gets rejected or approved as consular process, you need to leave US. If your H1 was denied and you are already working for B, it means you are out of status, the paystubs from B do not hold any value in proving your valid status. Your dependents are also out of status. Once out of status, a Change of Status cannot be applied. I would suggest leaving US and re entering on fresh H4 visas.

This is my opinion not legal advice.

So whether I am out of status now or from December onwards I am out of status? But my H1B with A is still valid, and whether can I go back to A, if they are willing to take me?

[raghvi]

So whether I am out of status now or from December onwards I am out of status? But my H1B with A is still valid, and whether can I go back to A, if they are willing to take me?

Your H1B with A may be valid, but you are not getting paid by A. For one to be in valid status on should have valid I797, I-94 and paystubs all for the same employer.

This is my opinion not legal advice.

[aisk1310]

What was your resolution? How did you manage to stay in USA?