H1B Transfer & extension(Based on I-140) after I94 expiry

[sun81]

Hi,

I am currently having I-140 approved and in to 12th year on H1B(extension based on i-140). Currently, working in Company A and my H1B is up for renewal by Sep 1st  2018. I-94 and Visa are also valid till Sep 1st 2018.

My company A has recently initiated H1B extension and will take another month to apply with USCIS. 

In case of the petition rejected or denied by USCIS(in view of the recent RFEs and denials I am hearing from my friends), can another company B apply H1B transfer+extension after Sep 1st or later. Is the rule of 60 days post I-94 expiry applicable here? If yes, does that mean that if Company A's H1B extension goes beyond Nov 1st and gets denied, I am out of options and have to leave the country?

If that is the case, is Premium processing a better option? I am in a technical Manager role so not sure if there are more queries nowadays from a managerial role standpoint.

Please help and guide me in the right direction here as I still have a 4 months left from now and have an option to ask my employer to file the petition in Premium processing.

Thanks for your quick response on this.

 

[NP2020]

Dont worry much. You have good experience and as long as documentation is good per H1B standards you are good. Most of recent queries are for low wages, empoyer-employee non-compliance, non skilled job titles etc.

60 days grace period is not after your I94 expiry, it kicks in once someone is out of the job. To know your result fast and to better know your choices upfront, premium processing is always better.

[sun81]

Quote

 

Thanks for your response NP2020. I am moving ahead with Premium processing.

[VI001]

@sun81

Yes, your new employer can apply/file H1-B petition while you are waiting for USCIS final decision on your current H1B extension petition.