H1B extension while visa transfer in progress and i94 expires in 2 weeks


V Kris

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I’m on H1B visa and working on EVVC model [Employer >Mid Vendor > Prime Vendor > Client]. I got an offer from Prime Vendor [Employer B] and they filed a visa transfer in premium processing on 17th August and we got an RFE on 27th August. My visa is expiring in next 2 weeks [30th September].

Employer B [Prime Vendor] said that it would take some time for them to respond to the RFE. So they suggested me to go for an extension with the Employer A under normal processing. So that I can stay in the USA beyond September 30th.

 My question here is.

  1. If Employer A files for an extension does that have an impact on Employer B’s visa transfer petition?
  2. Let’s say if my visa transfer with Employer B is approved on October 15th and I join Employer B by October 30th. What happens once employer A withdraws the extension petition. Will I be out of status from October 1st to October 30th?

Please Advise..

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