H1-B transfer delay - now out of status

joysbreath

New Member
Hi all, I'd appreciate any professional or non-professional opinions on my issue.

I worked for company A under H1-B for close to a year, then started working for company B the past April. I started my sponsorship transfer before I started working for company B, and checked with my lawyers to make sure it's legal to start getting paid.
Today I learned that I'm having a serious problem - my company A employer sent in the termination notice to USCIS for 4/12, but due to some delay (or laziness) of my visa lawyers, my application to transfer sponsors didn't get in until 4/21. Now I have a gap. Therefore, I am now out of status, and cannot simply stay in the US and transfer my sponsor. I have to go back to my country (Hong Kong). Also, USCIS is asking for additional supportive information as to why my company needs someone like me to fill the position.

Also, although my company would like me to continue working for them because they really like me, it's not legal to pay me anymore.

I was told that whether my visa be approved or not, I would need to leave the country early October. Because 1. If approved I would need to get the stamping done in Hong Kong 2. If denied I have to leave the country.

Now, I was accepted into a law school this past May but deferred admission, although I can still choose to go to school this coming September.

My questions are:
1. Should I avoid all the uncertainties by going to school and get an F1 so I can stay in the country, or do I still have a big chance on getting my H1-B approved? (I personally feel like my chances are slim right now)

2. Say I take my chances and go back to Hong Kong and then my H1 gets denied. Is it likely that I'd have trouble getting an F-1 in the near future?

Background: graduated in 2009 with B.A. in Psychology
Company A: Rehab coordinator
Company B: Legal coordinator (I know...law school was my original plan)

Before H1-B I was on OPT and before that F-1 for 6 years.

Thanks to everyone who can offer me help!
 
First of all, how come you can start working for Company B even without applying for the transfer? You should get USCIS receipt notice for H1B transfer even before start working for Company B. Though you have H1B from Company A that does not mean that USCIS allowed you to work for Company B at any time.
 
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