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Fired > Immediate H1 transfer > RFE > Pending New H1 > Initial H1 denied > Valid i-94

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  • Fired > Immediate H1 transfer > RFE > Pending New H1 > Initial H1 denied > Valid i-94

    Disclaimer: This is being posted in desperation so if you see this on other forums please don't flag it. Its just an attempt to get as much information as I can about my situation from people that have faced it before.

    This is long and complicated so I thank you for your patience.

    I had been working as a full time employee on a H1B visa with a Big 4 Audit Firm as an Audit Associate where I spent 6 months out of the year in as an Auditor and 6 Months as a management consultant (COMPANY A) since October 2nd 2013. I along with few members from the asset management practice were placed on a performance improvement plan before being fired on in May 15th 2015(Friday) for failure to meet performance expectations. Since I was on a PiP already I was looking to transfer my H1 as a Business Solutions Analyst and managed to find a company B that filed my H1 transfer on May 17th Sunday under regular processing and I started working immediately for the new client in the Mid West. However this petition received an RFE and company B (I later found out that they do not respond to the RFE until the 80th day) did not respond to it for reasons unknown to me. I kept asking why they wouldn't respond to it and they said the lawyers were busy and would respond towards the end of the response period. In October I got another project on the east coast and I moved here and another H1 was filed from company C on 9/28/2015 in premium processing and company B's RFE was received on 10/11/15 while on 9/26/15 Company A's revocation notice was sent from USCIS however I have the visa stamped from India for company A which is valid till 08/2017 and so is the I-94 associated with it.

    Company B and Company C belong to the same person.

    Company B's RFE was received on 11/04/15 and was not responded to and just left out there as pending and when I check the receipt number yesterday for a status it said Denial Notice was sent on 3/18/2016 which I am sure is because the RFE was not responded to.

    The company C application RFE was responded to on 2/2/16 with a withdrawal of the petition but another application was filed on the same day from Company C for the same client under premium processing because apparently when they filed the first application on behalf of company c they got a difficult RFE where the education did not match the position I was being placed. Finally on 2/23/14 another RFE was received and they still haven't replied to it.

    I have been trying to find another company that would file my H1 for me and would provide more clarity. I was wondering if anyone her could provide me with what my next steps should be? Am I still in status because of the pending H1 petition and i-94 that has a validity until 08/17?

    - Will the above pending application help me stay back in US and not need to leave till I hear about its decision?

    - Would it be better for me to go onto student status - F1? what would be the complications if any to get back on to H1B status?

    - What are all the options I have on my plate?

    - Ideally I want to stick around and not leave the country till my job is secured and my H1B transfer is accepted


    - Ideally I want to stick around with my wife and not leave the country till my job is secured and my H1B transfer is accepted
    - If I do need to go back to my home country, I want to minimize the stay outside US while not compromising my Visa transfer approval chances

    May 2013: Grad Date.
    Oct 2013: Employment Start date.
    Oct 2014: H1B effective start.
    May 2015: Layoff from Company A.
    May 2015: Company B start date.
    Oct 2015: Company C start date.
    August 2015: Company A Revocation Notice from USCIS was sent.
    March 2016: Transfer Company B Application Rejection Date.

    Edu Background:
    Undergrad: BE Electronic Engineering
    Grad: MBA Accounting and Finance
    Professional Background: 4 yrs of industry experience in Accounting, Finance and Management Consulting.