H1b transfer denied after first H1B laid off, using 60 day grace period case

USA H1B Visa
1

All,
I have a questions regarding my case kindly help
Company OLD :Worked for 8 years (I-140 approved June 2017) I94 valid till Oct 2020
Company OLD laid off (July 2018)
Company OLD Withdraw I140 august 2018 Status shows (over 180 days not automatically revoked)
Company OLD H1b Petition (checked status on USIC account Still active)
Company NEW Transfer August 2018 Premium (soc code 15-1199 level 3 )
Company NEW RFE August 2018
Company NEW RFE replied Oct 2018
Case Denied OCT 2018

Refile H1B with same employer with different SOC code?

What is My option now Could i refile my H1b with same employer with different Soc code?

will i be out of status from the day denied ?
Will 60 days rule Apply
how will be i am in legal status and could i continue my job if i refile h1b?
As i understood H!b’s are subject to NTA? will my case fall under it

2

H1B transfer after 60 days grace period

You can start working with new H1B employer even if your H1B transfer was filed on 60th day and you received the receipt number on 60th day.

Read more:
https://www.truvisa.com/t/h1b-60-days-grace-period-uscis-rule-h4-ead-validity/289

If the petition is going to be filed on 61st day or you will receive the receipt number on 61st day or after, you should ideally go out of USA by your 60th day and plan to re-enter USA.

Out of Status after 60 day grace period

After 60th day, you are automatically deemed to be 'OUT OF STATUS" and it can have ramifications later.

H1B Transfer after 60 days grace period - Consular processing?

You can file H1B transfer again after 60 days but you should leave USA after 60 days are completed to avoid issues later.
Wait outside USA for your H1B transfer result.

H1B NTA

At this time, NTA policy is not implemented for H1B cases. So, you are safe on that side.

https://www.truvisa.com/t/uscis-nta-policy-18-to-33-days-grace-period-before-nta-is-issued/1259

But, you will still be out of status after 60 days without a job.

3

As i undertsand the 60 day grace period is already over when inlaid off from.old company transfer is denied with new company will i still get another 60 day grace period

4

No, You can only use 60 day grace period once for each H1B approval.

In your case, you have already used it. So, you do not have another 60 day.

5

what are my options now ? i have valid i94 from previous employer till 2020 and my i140 is approved can i stay here ? my denial notice is not yet received checked online status yesterday

6

Your i94 is automatically invalid now as you have NOT maintained your H1B status.

You can apply for H1B transfer with any employer using your i140 (if you have already used your H1B 6 year quota), but you cannot stay in US.

You should go out of USA and then apply for H1B transfer or apply for transfer and then wait outside USA for the result.

By staying in USA with no valid i94 you are adding Unlawful Presence time to your name.

7

Appreciate your response so quick and prompt … kudo for helping people in need…

You stated “Your i94 is automatically invalid now as you have NOT maintained your H1B status”

But i have maintained my status when i laid off the job within in a month i applied for h1b transfer and after three months now its denied. and my I94 based on old peitition i still oct 2020

8

I understand your concern but since, you do not have a valid H1B right now, you are out of status.

i94 validity date on its face is dependent on your maintaining the status. If yo do not maintain the status as stamped on your i94 (like H1B), you are considered automatically violating the i94.

You lost your status the day your H1B transfer was denied and each day is an addition to your ‘Unlawful presence’ now.

9

so even if i have approved 140 still i am out of status

10

Approved i140 does not give you right to stay in US.
You need to either have Green card or a valid visa.