Here is my status now :
I had my valid H1b until Jun 6th,2020 with I-94 until Jun 16th,2020 with my previous to Previous Employer A and they also filed B2 visa on Jun 8th prior to my I-94 expiry to maintain the lawful presence due to travel restrictions inlight of ongoing Covid-19 pandemic. I got the approval notice for B2 for the period Oct,6th to Dec 5th,2020. But I switched to another Employer B and filed transfer/extension petition with premium on Aug 26th, 2020 after my I-94 expiry date requesting one year extension based on approved perm. Got RFE for this case and it was responded to USCIS on NOV,23rd and currently with Employer B.
Here are the questions.
- What if I don’t receive a decision until Dec,5th on current H1B transfer which was responded by Employer B ? Do I need to leave the country as my current B2 is valid until Dec, 5th ? Or do I need to go for a B2 extension ? I don’t have an original B2 petition and I only have I-797C courtesy copy only. Original petition was sent to the Attorney from employer A with whom I had already resigned.
- What if I get my petition approved without I-94 included in it ? What happens if I get denial ? Do I need to travel back to my home country before Dec, 05th ? Please advise.