Very urgent 7th year H1B transfer to Recapture H4 times went to RFE

[ton_vj]

Very urgent 7th year H1B transfer to Recapture H4 times went to RFE

1. on 10th July 2006: Came to US on H1B

2. On July 27th 2009: Change of Status from H1B to H4 due to lost job.

3. On April 28th 2010: Change of Status from H4 to H1B with Company A, H1B Approved valid till July 3rd 2012.

4. On May 20th 2012: Labor-PERM Approved with Company A

5. May 31st 2012: Company A’s attorney requested USCIS to re-open my H1 and give extension till april 27th 2013. Though they haven’t sent any fees, its just a request by e-mail

6. June 12th 2012: USCIS re-opened the case and its still (as of 07/22) in the Initial acceptance stage. I think USCIS are asking for additional docs / money, but I don’t know the details.

7. May 31st 2012: Resigned with Company A.

8. June 24th 2012: H1 Transfer in premium applied thru Company B to recapture 9 months H4 times.

9. July 19th 2012: Company B shared the RFE information and the company B’s lawyer asked me to apply for H4 (Currently spouse is out of the country for Vacation & Visa stamping) as in the RFE USCIS has mentioned that as of June 1st 2012 I am out of status. And even they approve it will be consular processing.

10. July 20th 2012: Company A is ready to take me back, ready to file I-140 & H1.

What I have to do to stay legally inside the country without leaving the country. Is my Company B’s Lawyer guiding me in a right direction?

And or can I join company A, will that gives me legal status without me leaving the country as my I-94 is valid till 3rd July-2012. And the case is still open with USCIS.

How this situations will affect the green card processing in the future.

As I strongly feel that my new Company B is not good or not efficient to help me, can I ask the company B to withdraw the H1B Transfer after the H4 / H1 with company A is approved?

Experts please direct me in the right path.

[shervin143]

Have you started working for Company B? If yes, then you cannot just like that go back to company A. You have leave the country and re-enter in Company A's petition and on a valid H1B visa. Company A should pay you to fill all the gaps in the pay period to make you legal and in-status. Also, if Company A's petition is still pending, then what is the guarentee that it will get approved. Ask them to upgrade the case to premium and get the result soon. More out of status period will impact the GC process. Do consult a good immigration attorney.

[ton_vj]

Thank You..

Yes, I have started working for Company B since my receipt date: 06/25, Got paychecks for June (1 week) & July(07/31).
on 07/27: Company A agreed to file and filed I-140 (premium) and upon approval, subsequently H1B transfer (premium). Company A's Immigration Attorney said this is called H1B bridge petition. But if in the bridge if company B's petition is denied and Company A's petition approved, then i have to go out of the country immediately and enter with H1 stamping for company A and can start working. But can you please validate my following understanding and revert? Thanks for the help!

Company B's Petition Denied & Company A's Petition Denied = Leave the country Immediately and enter in H4.
Company B's Petition Approved & Company A's Petition Approved = Stay in the country and work legally for either Company A or Company B.
Company B's Petition Denied & Company A's Petition Approved = Leave the country Immediately and enter with valid stamp on H1B for Company A.
Company B's Petition Approved & Company A's Petition denied = Stay in the country and work legally for Company B.

one more note: Company A received a H1 Renewed / ammended H1 Approval on June 12th, but have withdrawn that. So they are going to do H1 Transfer again.