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MahaKP

H1B Transfer in RFE and i-94 Expired

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Hi, 

My current company H1 is in RFE and my i-94 expired. In this situation,

1. can I search job and apply a H1 Transfer/Extension through another employer

2. What happens if the new company H1 got approved and my current company H1 is hanging with RFE?

3. What is the risk if the new company asking me to join in receipt? First of all can I join to the new company in this situation?

Please help me with the above question answers

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We had a similar situation earlier. We had a discussion with attorney on the same. Here are the answers but please don't consider as legal opinion. It's always better to take legal opinion.

1. can I search job and apply a H1 Transfer/Extension through another employer

Yes. You can 

2. What happens if the new company H1 got approved and my current company H1 is hanging with RFE?

Since your I94 expired, you are here on a receipt that will be considered as a bridge between your old and new petition. If your previous employer withdraws/denied the petition then you are out of status. In that scenario, you have to go out of country and get stamping on new company H1B.

3. What is the risk if the new company asking me to join in receipt? First of all can I join to the new company in this situation?

Even in this situation also your old petition consider as a bridge status. If the old petition denied then you have to move out of country  and wait until new petition approves.

 

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On 8/29/2019 at 4:50 PM, sai8 said:

We had a similar situation earlier. We had a discussion with attorney on the same. Here are the answers but please don't consider as legal opinion. It's always better to take legal opinion.

1. can I search job and apply a H1 Transfer/Extension through another employer

Yes. You can 

2. What happens if the new company H1 got approved and my current company H1 is hanging with RFE?

Since your I94 expired, you are here on a receipt that will be considered as a bridge between your old and new petition. If your previous employer withdraws/denied the petition then you are out of status. In that scenario, you have to go out of country and get stamping on new company H1B.

3. What is the risk if the new company asking me to join in receipt? First of all can I join to the new company in this situation?

Even in this situation also your old petition consider as a bridge status. If the old petition denied then you have to move out of country  and wait until new petition approves.

 

Consider if Employer B H1 transfer is approved in Premium with I-94 then I don't think there won't be any effect of Employer A's petition status.

If Employer B's transfer approved with out I-94 then one need to go out of the Country get the stamping done. In Either case Employer A's petition must be active until the decision on B's petition is out.

@Sai8 : How did you over come the situation in your case ? 

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