RFE on H1B transfer after laid off - legal to stay in USA?

B

bhasinuscusc

New Member
Hello,

I was working for Company A under H1B Visa but as I was laid off from the company on February 1, 2009. Company A said that I would be on payroll till February 13 and after that they will cancel my H1B.

Now I have applied for a H1B transfer petition (Under Premium Processing) from Company B on February 13,2009.

The status is that INS has sent a RFE notice to the company B for company B financial details on February 19,2009.

Now I have a few questions hope someone could answer:

a. With my current status on RFE for H1B transfer from Company B, Am I legal to stay in USA or Legal to work in USA?

Thanks

Note: Company B has still not yet responded to the RFE and my WAC petition status online is saying the following information

"On February 19, 2009, we mailed a notice requesting additional evidence or information in this case I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires."
 
I believe you are still in legal status since you tfr application has not been denied. As a general rule pending application means valid status.

Ofcourse things may change quickly if RFE is not replied to in-time and tfr is rejected. Keep an eye on that.
 
I also received an RFE (Request for Evidence) when my new employer filed H1B transfer request on my behalf. However, my H1B transfer was denied, not to mention that my previous H1B was valid until March, 2011.

Let me know how it goes for you. You are legally allowed to stay in the US.

Good luck!
 
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