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HectorVisa

H1 Transfer - expired I94

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I am currently with Company 'A' on H1-B and my current I-94 is expired on April 15th, 2018 under regular processing. Company 'A' has applied for my H1-B Extension on March 1st, 2018 and it's still pending approval. I have only 2 months to max-out in my current H1B, however, I have my approved I40, which was approved on the month of January 2018 for company 'A'

Got an offer from Company 'B' and they are planning to file an H1B transfer petition under premium processing.

 
Questions
  1. Can Company 'B' file an H1B transfer, when my current I94 is expired and H1B extension from the company 'A' is still pending? 
  2. If company 'B' H1B transfer petition is approved, will there be any issues in joining company 'B', In this case, what will happen to the company 'A' extension petition?
  3. Do I need to step out of the country and get my stamping done before joining company 'B'? 

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3. Correct as it would be a bridge petition and since the original I94 has expired, A transfer to B can only take place after the extension from A is approved and hence consular processing would be the way.

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1 hour ago, pontevecchio said:

3. Correct as it would be a bridge petition and since the original I94 has expired, A transfer to B can only take place after the extension from A is approved and hence consular processing would be the way.

If transfer petition from B is approved and an extension petition from A is still pending. Can I step out of the country and get a stamping based on an approved petition from company A?

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"transfer" approved implies an I94 and in that case no need to leave. You are missing the point. Any petition filed after the existing I94 has expired can only be approved if the initial extension with A is first approved. In your case you will have to leave and return with a H1 visa if the petition from B is approved unless the extension with A is approved very soon.

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