My H1B was transferred from employee A to B.Then it was denied and then I moved back to my employee A.he delayed in filing the case for two and half months and did run the payroll for this period for me and he filed for my vallid H1B extension from employee A.now it is in RFE.if the RFE IS DENIED am I not eligible to stay in USA?
Parallely can I file new H1 B petition from employee c?
An attorney giving you an opinion will need - your I-94 information and consider if the move is safe or risky within the legal parameters.
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RFE cannot be denied. It is request for evidence the employer is being asked to provide. You should discuss the last part of your question with the lawyer for the employer C.
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ITs not clear whether you have maintained status and if you are eligible to file another H1B petition and "transfer" in the US. Its possible you qualify for an H1B but you have to leave the US to activate it. If you want a second option, we need your status docs (I94, payroll docs, and petition filing dates, etc.) to understand the timing. If you haven't checked with your current attorneys, then check with them these questions, they should know.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
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