Employer A: H1b extension pending
My H1B extension is pending with the USCIS. The case was filled before my I94 expired. Currently received an RFE for specialty occupation. We have till Feb 15th 2019 to respond. Meanwhile my I94 has expired on 11.29.2018.
Employer B: H1B transfer applied after i94 expiry
Applied for H1B transfer on 12.13.2018 after i94 expired. This is under regular processing and will upgrade to premium in Feb 2019 in case it is re-started. This is essentially a bridge application
Plan is to join employer B on receipt.
Once I resign with employer A they will “withdraw” the pending extension application. If they do that when will my unlawful presence start to accrue? From 11.29.2018 date of i94 expiry or as of the date of withdrawal?
Employer B attorney has advised me to leave the country 120 days after unlawful presence so that it does not trigger a bar. He told me to go wait in India after 120 are accrued so that I don’t trigger a 3 year ban. He is adamant that unlawful presence clock starts from the day Employer A withdraws the extension application and not as of 11.29.2018. IS this correct?
since employer B’s transfer application is essentially a bridge petition wouldn’t the bridge be broken if employer A withdraws the pending extension case? Will that have impact on employer Bs petition?
My wife is on H1B visa with 3 year approval in worst case I want to come back on H4 dependent. Incase I depart after 120 days will it cause any issues while H4 stamping? Lawyer is again saying it will not create any issues as you were lawfully present in US since you had an application pending with the USCIS. Is this correct?
Will appreciate any help