I applied for an H1b visa transfer from Employer A to Employer B on Sept 10th and started working with Employer B on H1b receipt from Sept 25th. On Oct 10th my previous employer A filed for a withdrawal on my previous petition. It has not been revoked yet. I received a RFE on my visa transfer which is very likely to be denied. My i94 is valid till May of 2018. I want to know what options do I have?
1.) Can a new employer apply for a new petition (transfer) for me while the RFE is in the process or this H1b transfer must be approved since previous employer has already filed for withdrawal of my previous petition? After the transfer is denied can any new employer apply for H1b without cap gap?
2.) Do I get a 60 days grace period? If yes when will my grace period starts?
3.) What is my status now? Am I already out of status?
I would heartily appreciate any comments. God Bless!
1.) Can a new employer apply for a new petition (transfer) for me while the RFE is in the process or this H1b transfer must be approved since previous employer has already filed for withdrawal of my previous petition? After the transfer is denied can any new employer apply for H1b without cap gap?
2.) Do I get a 60 days grace period? If yes when will my grace period starts?
3.) What is my status now? Am I already out of status?
I would heartily appreciate any comments. God Bless!