My company is everify based, I have got the final nonconfirmation from DHS stating I am not authorized to work. As per my company's attorney I am authorized to work under H1B Probability Provision of AC-21, I was previously on H1b from past 6 years got laid off and had to shift my status to H-4. My H1b petition is still pending.
Here is the details of what is mentioned in the Memo from USCIS website -
To take advantage of the AC21 portability provision, the worker must either be in H-1B status, or be in another non-immigrant status (F-1, B-2, H-4, etc) and have previously been in H-1B status and not left the US for over 12 months.
Please advise.
