H1 transfer after I94 expiry and Extension revoked

USA H1B Visa
1

Hello,

My I94 and visa expired on 5/15/20 with company A. They filed for extn on 5/7/20. However before this I found another job(EVC model) with Company B, and they applied transfer in Feb’20 which got approved in July’20 from 4/6/20 to 4/5/21. The client withdrew the offer due to Covid and I never joined them B.

Now I received RFE for Company A extension, and meanwhile I found another job with company C(again EVC model). They filed my transfer on 9/9/20 and I joined them on receipt notice on 9/14. Company A withdrew my pending extension petition on 10/29 and I received RFE on C’s transfer Yesterday(11/2) stating beneficiary’s status should not expire before filing for petition and since the extension was withdrawn on 10/29 and the stay beyond 5/15 was never approved, the beneficiary may not have maintained his non-immigrant status. They’ve asked for pay stubs and joining formality docs of B, but I never joined them.

Question -

  1. Am I out of status since 5/15, even though transfer to company C was filed when A’s extn was in progress? Does A’s extn withdrawal makes any difference after C’s transfer was filed?
  2. Do we have to explicitly mention in RFE response that there was bridge petition(A’s extn)? Was it not implicitly explained?
  3. Can USCIS deny my transfer only based on this?
  4. In RFE response should we ask for CP? If yes, how does it work since US consulates are closed worldwide?

Appreciate if someone could help with this.

2

Your employer C’s H1B transfer can be approved with consular processing.

3

Thank You for the response, Anil.

Question though:

  1. Am I out of status? If yes, since when, 5/15 or 10/29(when A revoked petition)?
  2. Can we join another company(which I did) on receipt notice while out of status?
  3. I’m completing 180 days this Wednesday(11/11), since 5/15(A’s visa validity). If I’m out of status since 5/15 and I stay beyond 180 days in US, can/will USCIS initiate action to bar me from entering in US for 3 years?

I would really appreciate your quick response.

Thanks in advance