H-1B extension and change in employer filed while out of status

We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied. Upon receipt of the denial the beneficiary immediately stopped working for Employer A and shortly thereafter applied for and accepted a job with Employer B, who then filed a petition requesting a change of employer and an H-1B extension. In the interim between the denial of the petition filed by Employer A and the filing of the petition by Employer B, the beneficiary was unable to leave the U.S. due to the COVID -19 pandemic and applicable international travel restrictions. We submitted a comprehensive RFE response clearly establishing that a gap in maintenance of status occurred because of extraordinary circumstances beyond the control of the beneficiary and argued that the matter warranted discretionary approval. The petition filed by Employer B was then approved.

Status: We submitted a comprehensive RFE response clearly establishing that a gap in maintenance of status occurred because of extraordinary circumstances beyond the control of the beneficiary and argued that the matter warranted discretionary approval. The petition filed by Employer B was then approved.