H1B Transfer Pending, previous H1B revoked. What if transfer is denied?

Visa stamped with Emp-A have validity date up-to 30 Sep 2018 and I-94 have date 10-OCT-2018.

Joined Emp-B on H1B transfer receipt on 05-Sep-2017.
Got RFE and Emp-B responded to it on Dec-2017. Case is still pending for the result.

  1. Is my I-94 (from Emp-A dated 30-Sep-2018) is still VALID if my VISA approval got revoked on 30-March-2018?

  2. Before Emp-B results, Is it recommended option to apply H1B Transfer from Emp-C to be in status?

  3. Will it be ok to file H1B Transfer though Emp-C after getting Emp-B rejection (It is being more than 230 days I joined Emp-B and Emp-A Visa is revoked)?

  4. If Emp-B H1B Transfer got rejected, what are the next steps to stay in β€œStatus”? Can Emp-B refile my H1B with my job continuation?

  5. Should I file visa I-129 immediately through Emp-C? How Emp-B result impact on Emp-C approval?

  6. H4 transfer is not filed for family yet.
    Can they travel to India and return back on 01-AUG-2018 without re-stamping (on old stamped Visa thr Emp-A)? Is Stamping in India needed/possible in case Emp-B get approved I-797?

Hi @LawRule

  1. Your current i94 and its validity is shown online on CBP website here.
    i94 should still be valid. You can still keep working for Emp-B as you filed the transfer before Emp-A revocation.

  2. It is your choice to apply for Emp-C. The H1b status will depend on the result of your Emp-B result.

  3. Once Emp-B petition is rejected, you should immediately leave USA to stop adding β€˜out-of-status’ time.

    You can file Emp-C petition from outside USA too and re-enter USA if it is approved.

  4. Yes, Emp-B can refile based on what is mentioned as the β€˜Denial reason’ or they can challenge/ ask for decision review.
    But, staying in USA during this time is what i would NOT recommend.

  5. I-129 is for H1B applications. If Emp-B application is rejected, your H1B bridge will be broken.

    Your Emp-C petition, if already filed at the time of Emp-B denial, cannot be approved without consular processing.

  6. H4 dependents can travel but it is extremely RISKY since you are currently out-of-status.
    Normally, New stamping is NOT required until the old one is still valid.

    But, you (or they) should carry the new i797 approvals to be shown at port of entry.
    Since, you do not have the approval yet, I would strongly advice to NOT travel.

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