H1 Trasfer after I94 Expiry

[smim]

Hello,

               I am working with a small consultancy on H1. My Visa+I94 will expire by May 07, 2017. My current employer filed for extension in regular process. I got a Full time position with an Global Company who are getting ready to transfer my H1. In this situation i wanted to check if the new company could not submit the H1 transfer documents before May 07, is it risky to join them with just the receipt number? As the premium processing is suspended i have to wait for more than 6 months to get the transfer approved. In this situation should i opt out of joining the new company or is the risk worth it? 
1. What will happen to the current H1 extension petition after i resign to my current company? 
2. Will it be considered as Abandoned and will USCIS Revoke it? If so how much time will they take to Revoke ? 
3. Is there a chance to get the transfer approved before the extension and get an I94 extension ?

4. If we go through the consular route, can i start working for the new company with just receipt notice ?

 

 Your answers would help me a lot in the current situation

[pontevecchio]

As long as the new company files your H1 petition before May,7 you can join them on receipt.

1. the company is supposed to revoke the H1 petition as an administrative requirement.

2. See 1. This has no relevance or connection to you.

3. Impossible to say.

4. How. It is taking a long time for H1 approvals.

[smim]

2 hours ago, pontevecchio said:

As long as the new company files your H1 petition before May,7 you can join them on receipt.

1. the company is supposed to revoke the H1 petition as an administrative requirement.

2. See 1. This has no relevance or connection to you

3. Impossible to say.

4. How. It is taking a long time for H1 approvals.

 

Thank you for the reply pontevecchio. Could you please clarify on below questions

1. the company is supposed to revoke the H1 petition as an administrative requirement.

2. See 1. This has no relevance or connection to you

           I was asking this only to know if the revoke takes longer, meanwhile  can i get the transfer approved through PP ?

3. Impossible to say. 

      Why i am asking this is if both extension and petition are in the regular process and once PP is resumed, i can convert the transfer to premium. Will i get an approval without I94 in this case ?

4. How. It is taking a long time for H1 approvals. 

   SO i cannot work for the new company until i get the approval and stamping if i go through Consular processing ?

[pontevecchio]

The revocation of the previous H1 has NOTHING to do with your transfer. EXTENSION IS ANOTHER NAME FOR A NEW NON CAP h1 PETITION. Extension means a H1 petition is filed and needs approval. Your extension is a new H1 petition filing. Your transfer is a separate new H1 filing both non cap. In order to get a visa you need an approved H1 petition.  Approval of either may take a long time under the present circumstances. Have B file the petition and join them on receipt.

[codematter]

@pontevecchiocould you please  help me with the below

 

 

Time Lines

i94 valid till July 2016

Dec 2015 - Amendment filed by previous employer due to client and location change.

May 2016 - Current employer filed H1B Transfer in premium and got approved with new i94, started working with them.

Mar 2017 - Amendment petition moves to RFE

I have come to know through various forums that

1. if Transfer petition is filed with in i94 expiry date, the amendment and transfer petitions are independent  of each other and don't bear upon each other of the result.

2. if Transfer is filed after i94 expiry date, the amendment and transfer petitions are in bridge and the outcome of later is dependent on outcome of earlier petition.

Now My Questions

1. Is my summary of in above two points correct?

2. What would be effect of following to my current status, now that previous i94 within which the petitions were filed is expired but i have a valid current new i94

• My previous employer informs USCIS that I have resigned from their employment
• My previous employer ignores the RFE and doesn't reply to USCIS. (Note - I don't know what has been asked in RFE)

 

Appreciate if you could help me with answers

[pontevecchio]

You are not affected either way. Your former employer HAS to revoke their H1 petition as a requirement and that does not affect you in any way.

[smim]

Just an Update on my issue. My New Employer(Company B) has started the transfer process and filed LCA on 26 April. My question is if the LCA doesnt get approved untill May 4/5 and if we send the H1 Transfer documents to USCIS by May 6 (Before I94 Expiry date May 7). Will that be still considered as transfer initiated before I94 Expiry ? Or should the documents reach USCIS on the weekday ? Please let me know

[pontevecchio]

In view of the huge delays in H1 approval and backlogs I suspect you will be fine.