H1 Tranfer

[krisimmi]

Current details are as below.

H1b visa - valid upto Sep 30th 2009
I - 94 - valid upto Sep 30th 2009

Employer A applied for extension of H1b visa in May 2009 and
got an RFE on Aug 3rd week of 2009 for end client letter.
target date for replying RFE is - October 8th 2009.
The client / vendor is not interested in issuing client letter.

Found a new client and new employer has filed for LCA. He told he will be able to apply for H1b premium tranfer around sep 30th 2009 at the earliest.

I want to work with new employer from October 1st 2009 after getting H1b receipt number.

Lets say there is a RFE on Employer B's petetion, they have replied and
say it got denied around 30th Nov 2009 in the worstcase.

so does that mean,
1. did I illegally worked / Overstayed / Out of status for employer B for october 2009 and nov 2009 months, even though I was getting paystubs from employer B and in the status.
2. Will that be considered as over stay ?
3. what are future risks? Will I be able to come to US on B1 / B2 trips ?
By when I have to leave the country ? on Nov 30th 2009 or after 2 weeks of 30th Nov 2009.

Thanks in advance,
k

[txh1b]

1. Yes
2. Yes
3. Possibly with some trouble at POE and questioning.
4. Immediately is ideal so that you can convince the VO or POE officer that you did not intend to overstay and left as soon as practically possible after you got the denial.

[krisimmi]

Thank you txh1b.
from other posts information, I think we can work for an employer as long as the petetion is pending if it is timely filed .

1. If petetion is denied on 30th Nov 2009, why it is considered as illegal presence from date of expiry of I-94 (30th sep 200) ?

2. so if the tranfer petetion got denied on 30th Nov 2009, from when illegal presence is counted
a. from date of denial ( 30th Nov 2009) or
b. I-94 expiry date (30th sep 2009) ?

could any of you throw light on this. I feel that tranfer in this scenario is risky one.

[txh1b]

These questions have been answered based on your example. Why? Because the law says so. You hold an "authorized stay" while an application is pending and not a status. If the pending application is denied, your "status" expires as of the date of the I-94 and hence the illegal stay period counts from that day on.

If you want a quick decision, they allow for filing 6 months prior to expiry of the I-94 or a PP for $1000 extra.

[krisimmi]

Thank you txh1b for your prompt reply. It is clear to me.

Regards
K