H1B Transfer After I-94 Expiration

[Surajn]

Hi All,

My current H1B visa was expired on 4th Nov 2016 and I-94 was expired on 14th Nov 2016. I have filed my H1B extension from company A on 6th June 2016 through normal processing and it is currently under processing.

I got an offer from company B and they filed H1B transfer through premium processing on 16th Nov 2016(after 1 day from I-94 expiry) based company A H1B extension notice. 

My last working day at company A is 30th Nov 2016.

Can you please answer for the below questions.

1. Can i work for Company B based on company B H1B transfer receipt number ?
2. If Company B H1B transfer is approved, can i get new I-94?
3. If Company B H1B transfer is approved after 30th Nov and if i don't get new I-94, will i go out of status after 30th Nov on wards?
4. If Company B H1B transfer is approved and if i get new i-94, can i ignore Company A H1B extension ? I'm not sure when company A will cancel my H1B extension petition.
4. Since Company B applied H1B transfer after 1 day from I-94 expiry, will it be any issue for transfer process or staying in US ?
5. Is it advisable now to apply premium processing for Company A extension petition. Even though i'm on notice period in Company A but i have 2 weeks left for my last working day.
6. what is the process to get new I-94 if i don't get new I-94 for Company B H1B transfer petition ?

Please help me.

Thanks
Suraj
 

[pontevecchio]

1. If possible, You should wait for approval which should come soon.

2. Most likely you will

3. In that case you will leave and return with the H1 visa.

4. See 2. Most likely, you will be fine.

5. No. Why would A convert to PP when you are leaving?

6. Leave and return with the H1 visa.

[Surajn]

Thanks for your reply. I'll wait for transfer approval.

 

Thanks

Suraj

[sumesh.rajendran@gmail.com]

Hello ,

I have a Similar question on my scenario below, regarding switching company .Any help would be appreciated.

Currently working in Company A  - I have my visa and current petition valid till Dec 18 2016. I have my extension receipt number with current company (extension filed on Aug 23 in normal mode) . With current trend it might take another 4/5 months to get a decision on this. 

Company B - Is willing to do a H1B visa transfer for me, but waiting for the board approval.

Question

1. Is there any restrictions stating Company B has to file extension before I-94 expiry ?
2. In worst case if they file the H1B transfer after I-94 expiry , is it safe ? Or any implications ?
3. Will my transfer request would be valid if COMPANY A  withdraws or extension get denied/RFE ?

 

Any help is deeply appreciated.

Thanks

[pontevecchio]

1. Only if you are willing to leave and return on a valid H1 visa if they do not give you an I94....Look up bridging.

2. Then you will definitely need to leave and return with a H1 visa.

3. B can always get a H1 petition approved and you can leave and return on the H1 visa irrespective of what A does. Ask for PP with B.

[Surajn]

On 11/17/2016 at 10:15 AM, pontevecchio said:

1. If possible, You should wait for approval which should come soon.

2. Most likely you will

3. In that case you will leave and return with the H1 visa.

4. See 2. Most likely, you will be fine.

5. No. Why would A convert to PP when you are leaving?

6. Leave and return with the H1 visa.

Hi Pontevecchio,

Update : I have joined in Company B based on receipt number and my h1b transfer went to RFE and asking client letter, etc..

My old company A extn petition was approved on 12/22/2016 and after that company A sent mail to USCIS on 01/10/2017 for revoking the petition. Currently the status is sowing as "Correspondence Was Received And USCIS Is Reviewing It" . 

My company B sent RFE documents to USCIS on 01/23/2017 and waiting for result. Transfer filed in PP.

1) If USCIS satisfy with RFE documents, will my h1b transfer approve and get new I-94 ? Since Company A (bridge petition) approved.

2) Since my company A extn petition approved and then later they applied for revoke, will it be any problem for my h1b transfer petition ?

3) Company B filed transfer petition under bridge category but here company A extn petition was approved and then later they applied for revoke the petition. Will USCIS consider my transfer petition is valid and approve it with i_94 if RFE documents are good even though company A petition is under revoke process ?

4) "Correspondence Was Received And USCIS Is Reviewing It " means is revoke already completed or under processing ? How many days                    usually it takes to complete the revoke process ? 

5) In general if bridge petition is revoked and transfer petition is under processing, what issues we'll get normally.

Thanks for your help.

Thanks

Suraj

[pontevecchio]

1. Ideally, yes .

2. No

3. Yes

4. revocation has nothing to do with you.

5. None.

Either they approve the petition with or without I94 or they deny it. Only these possibilities. So wait for their decision. The revocation is immaterial.

[Surajn]

Thanks Pontevecchio for your reply. 

[sandeep444]

On 11/16/2016 at 3:44 PM, Surajn said:

Hi All,

My current H1B visa was expired on 4th Nov 2016 and I-94 was expired on 14th Nov 2016. I have filed my H1B extension from company A on 6th June 2016 through normal processing and it is currently under processing.

I got an offer from company B and they filed H1B transfer through premium processing on 16th Nov 2016(after 1 day from I-94 expiry) based company A H1B extension notice. 

My last working day at company A is 30th Nov 2016.

Can you please answer for the below questions.

1. Can i work for Company B based on company B H1B transfer receipt number ?
2. If Company B H1B transfer is approved, can i get new I-94?
3. If Company B H1B transfer is approved after 30th Nov and if i don't get new I-94, will i go out of status after 30th Nov on wards?
4. If Company B H1B transfer is approved and if i get new i-94, can i ignore Company A H1B extension ? I'm not sure when company A will cancel my H1B extension petition.
4. Since Company B applied H1B transfer after 1 day from I-94 expiry, will it be any issue for transfer process or staying in US ?
5. Is it advisable now to apply premium processing for Company A extension petition. Even though i'm on notice period in Company A but i have 2 weeks left for my last working day.
6. what is the process to get new I-94 if i don't get new I-94 for Company B H1B transfer petition ?

Please help me.

Thanks
Suraj
 

Hello All, 

Hope every one is doing great. I have few questions for you and below is case:

I have been working with employer A ( Indian consulting firm) from 2014, they have applied for my H1b and i got it approved till Sep 2017. In the month of March my employer had applied for a h1b amendment as i have moved to a different client and my amendment was approved and i got the approval from July 2016 Sep 2017.

Now i'm on bench any my employer A is paying me the salary. Mean while I have applied for a Full Time Employment with a very good client ( employer B/future employer) and accepted it and my employer B ( future employer) are in the process of submitting my H1 Transfer in premium processing mid next week.

Now, I got a different offer through my indian consulting firm which is a contracting position ( the client just confirmed me for the position and the actually paper work did not start as of today) and my employer A was telling me that he will file of a new LCA for the contracting position which I was offered. 

I don't want to tell my Indian consulting firm ( employer A) about the full time offer I accepted before the complete transfer process is done.

My questions:

1) Will it be a problem if my employer A files a new LCA for the contracting opportunity when the employer B is filling for a H1 B transfer?

2) I have read online something called as a "Bride petition" will my case fall under it?

3) If in case my employer A ( contracting opportunity) files an LCA before my employer B ( full time employment) will this be a considered as a bridge petition?

4) do i need to bother about my employer A ( Indian consulting firm) filling a LCA followed by H1B amendment when my future employer B is in the process of transferring my H1B?

Any answers are highly appreciated..

Hello All, 

Hope every one is doing great. I have few questions for you and below is case:

I have been working with employer A ( Indian consulting firm) from 2014, they have applied for my H1b and i got it approved till Sep 2017. In the month of March my employer had applied for a h1b amendment as i have moved to a different client and my amendment was approved and i got the approval from July 2016 Sep 2017.

Now i'm on bench any my employer A is paying me the salary. Mean while I have applied for a Full Time Employment with a very good client ( employer B/future employer) and accepted it and my employer B ( future employer) are in the process of submitting my H1 Transfer in premium processing mid next week.

Now, I got a different offer through my indian consulting firm which is a contracting position ( the client just confirmed me for the position and the actually paper work did not start as of today) and my employer A was telling me that he will file of a new LCA for the contracting position which I was offered. 

I don't want to tell my Indian consulting firm ( employer A) about the full time offer I accepted before the complete transfer process is done.

My questions:

1) Will it be a problem if my employer A files a new LCA for the contracting opportunity when the employer B is filling for a H1 B transfer?

2) I have read online something called as a "Bride petition" will my case fall under it?

3) If in case my employer A ( contracting opportunity) files an LCA before my employer B ( full time employment) will this be a considered as a bridge petition?

4) do i need to bother about my employer A ( Indian consulting firm) filling a LCA followed by H1B amendment when my future employer B is in the process of transferring my H1B?

Any answers are highly appreciated..

Hello, 

I'm in the same situation as yours can you please share your experience. 

Current employer- I have a valid H1b and I-94 valid till sep 2017, now i have filled a amendment petition i have moved to a different location. 

My future employer - they offered me a FTE and will soon send myh1 transfer application to USCIS very soon. Do you if amendment and h1 transfer are applied at the same time with different employers and two different client locations.

I would really appreciate if you can share your experience or suggest me

[Surajn]

On 1/27/2017 at 6:17 PM, Surajn said:

Thanks Pontevecchio for your reply. 

Update: My H1B transfer approved and got I-94 as well. Thanks  Pontevecchio for your suggestions.

[Friendeep]

I am also in the same situation as you were Surajn. I am not able to think what should I do.

Also few employers told me that your visa transfer is not possible and you should wait for the Extn approval.

My H1 Visa expired on 18th Oct 2017 means last month.

Employer filed the Extn. in May 2017 which got RFE in Aug 2017 and been responded on 28th Oct 2017. It was regarding work order, my role, E-to-E relation etc. The status on USCIS is updated to RFE response received.

Now could you please suggest if I should get my Visa transfer if any employer is ready to do so and what are the consequences possible for me. This is just my 2nd year on H1 and no GC etc. file yet for me.

I am just thinking to change the job in case if my Extn. gets denied then no employer would transfer my Visa right?

I would appreciate your quick response.

 

Thanks,

[RajuKing]

I am in similar situation as the user Surajn.  Below is my situation.

a) My previous H1b & I-94 got expired on Aug-01-2017. I left this employer after they filed my extension. They've filed it 1 week ahead of the expiry. After I joined with the new employer, I recently checked the status of this extension filing. 

b) My current employer has filed for the H1b transfer on Aug-02-2017, which is 1 day after the expiry of the previous H1b expiry date. Recently I got a RFE on this. 

Question 1)  As my previous I-94 got expired, even the current H1b transfer is approved, do I need to go back to my home country for the stamping & reenter US ? OR will I get I-94 extension along with the H1b approval ? 

Please let me know your thoughts on this, your help is much appreciated.  

[Shankar00]

Hi Everyone, 

I am in same similar situation. Already my H1B petition expired on Jan 2019 and i-94 also, now currently  i am in Amd+extension receipt with current Company and i'm not sure when my H1B will be approved.

I am getting all from other company with good role & package, but i am not sure whether i can apply for transfer when i am in extension period?

Question:

1) is that really advisable to H1B transfer to company B when i am in h1B extension with valid receipt but i-94 expired?

2) yes, what is the impact company B, if my current company A extension petition got RFE or denied?

 

Please advise me.

 

Thanks

 

 

[itskarthiksid]

My i797 got expired in JULY 2019.

 

But just a month before, in JUNE 2019, i filed a H1b transfer with EMPLOYER-A in non premium and till date the status of the H1b is pending. 

I worked for a month with EMPLOYER-A. I have one payslip for July with EMPLOYER-A.

Till date, my EMPLOYER-A did not revoke my H1b.

 

In AUGUST 2019 (after my i797 expiry), I changed my employer for "SAME JOB/CLIENT" and filed another H1b with EMPLOYER-B in premium processing. 

I am working with EMPLOYER-B till date and I have last four months pay slip with EMPLOYER-B.

 

Now, in NOVEMBER = I got my EMPLOYER-B 's (second employer) H1-B result as "Conditionally Approved" but the stay in US is denied and the approval notice says that i have to leave the country immediately and go for stamping.

 

My Questions is: Can i now go back to EMPLOYER 1, because my h1b is filed before my i797 expiry and its still case pending. And can i start working with him and apply for extension with him  and avoid going out of country for stamping ???