Need few clarification
1, I resigned the Company A on May 7 and joined with Company B on May 9 but the transfer denied on Aug 31 and Company A send the correspondence to USCIS on May 29
2, Company A petition & Valid stamped VISA is expiring on Sep 21 and I-94 expire on Oct 1.
3, H1B transfer initiated by Company C on Sep 26 with the receipt notice I started the work , Current petition receive RFE Jan 19
4, if Apply new petition with Company D with consular processing
how it will work and should appear stamping to the near by country.
I do not understand how you joined company C on receipt after your H1B Transfer denial.
Did company A withdraw your H1B on May 29?
What is the RFE about? What documents have been requested?
yes, when we checked the company A petition status in USCIS status show as "correspondence was received " on May 29.
RFE is related to petitioner for the company details.
Company B & C are the running by the same set of people.
How did you maintain your H1B status from Sep 1 to Sep 25 after your H1B Transfer was denied?
Based on the Company C they validated with the EVerify and status show as Green based on the filed petition and their company attroney said eligible to work with receipt notice.
even that i didn’t utilized the 60 days grace period. Sep 1 to Sep 25 it will counted as grace period. only think is i have valid i94 on that time.
I do not agree with your analysis.
As per my opinion, you were out of status from Sep 1 to Sep 25 and you cannot file an H1B transfer with ‘out of status’.
60 days grace period is only for cases where you have lost your job and not H1B denial.
I have checked with multiple immigration lawyers regarding this they said it’s possible to apply and work with receipt notice.
But still I’m struggling to get the confirmation. I don’t have any other options on that time.
They are considering based AC 21 immigration rules that was communicated from the attorney
My opinion stays same based on the limited information that you have shared about your case on this page.
Your attorney would have given their opinion based on complete details about your case.