I140 approved | H1B transfer in progress | Nearing Maxout Date


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My H1B transfer with a new employer has been pending since last year and last I-94 has already expired. My I140 was recently approved and my H1B Visa will maxout by end of March 2019.

I have the following questions:

1. With H1B transfer in process, can I continue to stay and work here even after the maxout date is reached (since my I140 is now approved)?

2. Will it help to convert my H1B transfer case to premium? Once it is approved, will USCIS automatically know that I have an approved I140 and give a 3 year extension. Or do I have to file an extension for 3 years again with I140 evidence after the transfer is approved?

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  • 5 months later...
On 2/15/2019 at 8:18 PM, ML_Icarus said:

My H1B transfer with a new employer has been pending since last year and last I-94 has already expired. My I140 was recently approved and my H1B Visa will maxout by end of March 2019.

I have the following questions:

1. With H1B transfer in process, can I continue to stay and work here even after the maxout date is reached (since my I140 is now approved)?

2. Will it help to convert my H1B transfer case to premium? Once it is approved, will USCIS automatically know that I have an approved I140 and give a 3 year extension. Or do I have to file an extension for 3 years again with I140 evidence after the transfer is approved?

Could you please share your experience , I am also in the same boat?

Did you upgrade your transfer to Premium ? or you continued working without approval based on the approved I140 ?

Did you filed new extension on top of the Pending transfer petition ?

Thanks in Advance

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