H1B expired, renewal got RFE.. want to change my employer, what are the options?

[irulz]

Hi Friends,

I really appreciate any inputs as I am in a deep mess and need to take a decision by this weekend.

Situation is, my current h1b got expired in september but my employer has got an extension applicaiton filed with USCIS in June. Today the status for it change to RFE.

Now my present employer wants me to go back to my native country.

I ahve another company ready to file h1b so what are my options?

Can I transfer my h1b somehow in usa itself (change of employer on this h1b itself) rather then going back?
or I need to go back to native and get h1b stamped again for new employer? What are the risk involved?
Any other way out?

Please reply and help me out friends.

Thanks

 

[ginnu]

Hi Friends,

I really appreciate any inputs as I am in a deep mess and need to take a decision by this weekend.

Situation is, my current h1b got expired in september but my employer has got an extension applicaiton filed with USCIS in June. Today the status for it change to RFE.
---at this time USCIs is asking lot of documents from employer. Your employer need to submit what is asked in RFE letter. If employer is unable to provide the documents asked then USCIS will deny H1.
Now my present employer wants me to go back to my native country.
--------- It simply means he does not have job or some problems. if you came to US from other county on H1 then ask the employer for Air ticket for your native country.
I ahve another company ready to file h1b so what are my options?

Can I transfer my h1b somehow in usa itself (change of employer on this h1b itself) rather then going back?
--- your I-94 is expired and other Employer may not get H1 transfer. you can talk to new employer lawyer for more info and provide him/her you full details.
or I need to go back to native and get h1b stamped again for new employer?
------that will be better if new employer file fresh H1 when you depart US and once approved he can sent documents while you are out of US and then get Visa.
What are the risk involved?
Any other way out?

Please reply and help me out friends.

Thanks

------------- tak to your lawyer for more info.