H1B Transfer during Extension in Progress

[SameerShah]

My current H1B visa has been expired in Aug 2018 and although my I94 was valid till Dec 2018. Also my extension cum amendment was applied in Feb 2018, since i moved from one location to another with same employer and same client. Received RFE in July and Responded in Aug 2018.

Can i apply for H1B Transfer while i am awaiting decision on my current visa extension or i have to wait till my current extension is approved or denied.
Also how long i can stay in US without receiving any response.

[adshah84]

You can initiate transfer but chances are if it will be approved it will be consular processing. You can stay as long as you are awaiting for the response but can not work beyond 240 days since the day your i94 is expired. 

[SameerShah]

Thanks for the reply..
Can you please help me understanding what is consular processing. and secondly 240 days should be from I94 expiry or previous Petition expiry date.

[SameerShah]

On 1/4/2019 at 3:49 PM, adshah84 said:

You can initiate transfer but chances are if it will be approved it will be consular processing. You can stay as long as you are awaiting for the response but can not work beyond 240 days since the day your i94 is expired. 

Thanks for the reply..
Can you please help me understanding what is consular processing. and secondly 240 days should be from I94 expiry or previous Petition expiry date.

[adshah84]

20 hours ago, SameerShah said:

Thanks for the reply..
Can you please help me understanding what is consular processing. and secondly 240 days should be from I94 expiry or previous Petition expiry date.

240 days starts from the day of i94 expired. If your i94 approves as consular processing you have to go back for stamping and re enter again before you continue to work.