H1B visa transfer to another employer when the current I94 i just valid for another month only

[Ashish26]

Hi, I'm a full time employee of my current employer A and my H1B visa and I94 is valid till 02/21/2020 only. My current employer A is still in processing of filing the extension with USCIS and its not yet filed.

Now, I got a full time employment offer from another big consulting company B and they have already filed the H1B amendment case too in normal processing, expecting the case Receipt# to be received in next few days.

I'm curious of knowing the issues I can face on joining B on receipt notice before expiring on my I94 i.e. joining them before 21st Feb itself.  I understand the risk of RFE and finally rejection of amendment case of employer B on joining on receipt. And in that case, I need to immediately leave US. Is there any other glitch I can face.

Thanks & Regards

Ashish

 

[User099]

5 hours ago, Ashish26 said:

I understand the risk of RFE and finally rejection of amendment case of employer B on joining on receipt. And in that case, I need to immediately leave US

I think you understand the risks as you outlined above. 

[gopalakrishnach]

Before 02/21/2020  you need get H1B aproved with new I94. If H1B is approved under consular without I94 you need to leave country.

Before 02/21/2020 no H1B and no I94 need to leave USA.

I may be wrong.

[Ashish26]

15 hours ago, gopalakrishnach said:

Before 02/21/2020  you need get H1B aproved with new I94. If H1B is approved under consular without I94 you need to leave country.

Before 02/21/2020 no H1B and no I94 need to leave USA.

I may be wrong.

Thank you for replying. But my understanding is once employer B files the  H1B amendment/extension petition before 2/21, I can join them on receipt notice and keep continue working for them for 240 days or the final decision whichever is earlier. I may be wrong, please correct if I'm.

[User099]

On 1/24/2020 at 6:33 AM, Ashish26 said:

Thank you for replying. But my understanding is once employer B files the  H1B amendment/extension petition before 2/21, I can join them on receipt notice and keep continue working for them for 240 days or the final decision whichever is earlier. I may be wrong, please correct if I'm.

That is right, you can work on the receipt notice for 240 days. Best thing will be to get it approved via premium processing before current I94 date.