H1B Expired, I-94 Expired , got RFE for Extension

[razorMirage]

Hi my H1B visa is expired (I still got 3 years in my 6 year quota).
My I-94 expired.

My emplyer applied for H1B transfer before my visa/I-94 got expired.
But unfortunately we gor a RFE and my emplyer dont want to answer that.

What are the options for me right now.
My emplyer is asking me to go out of country for now. Later he told he will apply for Consular Processing.
Is he right?

Thanks all for your help.

[Subramanya]

H1 Rfe

Hi my H1B visa is expired (I still got 3 years in my 6 year quota).
My I-94 expired.

My emplyer applied for H1B transfer before my visa/I-94 got expired.
But unfortunately we gor a RFE and my emplyer dont want to answer that.

What are the options for me right now.
My emplyer is asking me to go out of country for now. Later he told he will apply for Consular Processing.
Is he right?

---- He is right in a way. But it all depends on your belief and negotiations with the employer as to what exactly they mean. Remember, if your go out of the country you can be stuck and the very fact that the employer does not want to answer the RFE is a clear indication that you may be stuck

Subramanya

[Subramanya]

H1 Rfe

Hi my H1B visa is expired (I still got 3 years in my 6 year quota).
My I-94 expired.

My emplyer applied for H1B transfer before my visa/I-94 got expired.
But unfortunately we gor a RFE and my emplyer dont want to answer that.

What are the options for me right now.
My emplyer is asking me to go out of country for now. Later he told he will apply for Consular Processing.
Is he right?

---- He is right in a way. But it all depends on your belief and negotiations with the employer as to what exactly they mean. Remember, if your go out of the country you can be stuck and the very fact that the employer does not want to answer the RFE is a clear indication that you may be stuck

Subramanya

[C4us]

Your I-94 is expired. You need to leave immediately as you are now in the country illegally.

[unbeatensujoy]

I am also in same prob.

My H1B expired on 30th Sep 07.
My I94 expired on 30th Sep 07.

But applied for H1 transfer and I94 extension well before.
It is almost 1 year, still pending with UScis.
USCIS asked for RFE for twice. My employer answered for it.
My employer's attorney says that I am not out of status as I have receipt and I have applied for I94 extension well before H1 and I94 expiration.

Am I really out of status? What shall I do now?
What is the most likely outcome from USCIS decision(hope it will not take more time)?

Thanks in advance.

[txh1b]

Am I really out of status? What shall I do now?
What is the most likely outcome from USCIS decision(hope it will not take more time)?

You are not out of status if the H1b was filed before the I-94 expired. You are under a psuedo-status like thing called "Authorized stay by the Attorney General". It is not status but an authorized stay. You can work for upto 240 days after expiry of current H1 while you wait for response from USCIS.

[unbeatensujoy]

Thanx a lot for your respone.