I94 expired and H1B transfer pending

[worker2003]

I was working for a company A and applied H1 transfer to company B in normal processing. I have joined the company B upon receiving the receipt notice and company B immediately initiated my EB3 green card processing and recently I got the I40 approval however on August 8th 2018 my 6 years quota on H1 completed, and also I94 got expired. As my H1 extension still pending with USCIS and my employer filed visitor visa and changed my status, asked not to work until he files the extension.

Could you please help me answering below queries,

1.  Can employer B file extension where as my H1 transfer still pending with USCIS.

2.  It's been over 12 months since my H1 transfer is pending with USCIS, can I call USCIS call center and ask them to expedite.

3.  Please suggest if I have any other options.

Thank you!

 

[pontevecchio]

1. Yes.

2. You have no standing. Only your H1 sponsor has.

3. Do you think the current employer is on the level?

[worker2003]

2 hours ago, pontevecchio said:

1. Yes.

2. You have no standing. Only your H1 sponsor has.

3. Do you think the current employer is on the level?

Thanks for answering my queries.

I didn't understand about #3, what do you mean by "current employer is on the level".

[Provence]

15 hours ago, worker2003 said:

I was working for a company A and applied H1 transfer to company B in normal processing. I have joined the company B upon receiving the receipt notice and company B immediately initiated my EB3 green card processing and recently I got the I40 approval however on August 8th 2018 my 6 years quota on H1 completed, and also I94 got expired. As my H1 extension still pending with USCIS and my employer filed visitor visa and changed my status, asked not to work until he files the extension.

Could you please help me answering below queries,

1.  Can employer B file extension where as my H1 transfer still pending with USCIS.

2.  It's been over 12 months since my H1 transfer is pending with USCIS, can I call USCIS call center and ask them to expedite.

3.  Please suggest if I have any other options.

Thank you!

 

This helps explain.. on a micro scale.. why USCIS is so clogged and the horrendous processing times. 

[pontevecchio]

The change of status to B2 may be considered frivolous. How big is your company?

[worker2003]

8 hours ago, pontevecchio said:

The change of status to B2 may be considered frivolous. How big is your company?

I work for US retail company, They have 25k employees.

[pontevecchio]

It does not matter. Are you a direct employee? You will MOST LIKELY be approved for the petition for Consular processing meaning if the H1 petition is approved, you will have to leave and return with the H1 visa . Unless you are extrapolating converting to B2 is not going to work.