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  • Specific scenario

    Hi,
    If you are transferring from a full time job to a desi consultant due to lay off, and the desi consultant gets RFE for employer-employee relationship, and meanwhile you get an offer from a new full time job(who files your H1-b after the first full time job's visa was revoked). In this case I will have to leave the country as they said they file in consular processing. Once I get the approved petition for new full time job and I leave the country for stamping, is there any chance that at the consulate in India when they come to know that I was in status of RFE of desi consultant, they can ask me questions and this might affect my chances of getting the stamp for H1-B through new full time job? Any idea anyone. Any response would be helpful.

    Thanks in anticipation,
    Mavericky

  • #2
    Are you actually working for the consultant? Getting paid? Even if so, your status depends on their petition's approval. If it gets approved you will not be out of status, if it gets denied you will be out of status.
    Since, the outcome of extension of status part of your new employer's (full-time) petition depends on outcome of consultant's petition, they are filing it as consular processing. If filed so, you must leave the US and return. If your Visa is valid at the time of return, you can use the same with new petition.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Are you actually working for the consultant? Getting paid? Even if so, your status depends on their petition's approval. If it gets approved you will not be out of status, if it gets denied you will be out of status.
      Since, the outcome of extension of status part of your new employer's (full-time) petition depends on outcome of consultant's petition, they are filing it as consular processing. If filed so, you must leave the US and return. If your Visa is valid at the time of return, you can use the same with new petition.
      Thanks for the reply kabkaka. Is there any good immigration lawyer you I can approach for advice? I will see if they office in New England.

      Mavericky

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      • #4
        One more question. Am I allowed to work for the desi consultant(A) while the visa is still in RFE state? If through another desi consultant(B) if I get a job, can I work while he has sent H1-B petition request?

        Thanks,
        Mavericky

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