H1B Transfer in progress- How long can I stay after I-94 expiration?

[NanSam]

Hello, 

 I am on H1B with I-94 validity until Nov 13, 2020. I am working for Employer A. I have received an offer from Employer B.

With the current situation (no premium processing) if i choose to join employer B with the receipt notice which i receive while doing H1B transfer, how long can i stay in the US after my I-94 expiration while H1B transfer is in progress? is there any time restriction to this? 

Does the automatic extension of 240 days after i-94 expiration is applicable only if i apply H1B extension with the same employer or i do H1B transfer to a  different employer as well? 

Edited April 23, 2020 by NanSam

[User099]

You can stay and work as long as the transfer is pending. 240 day rule will not apply to you. 

[gopalakrishnach]

I feel if you have pending H1B petition before your I94 expiry, you can stay in USA till 240 days after I94 expiry but you cannot work since you will not have any legal authorization to work. So you need to stop working from Nov 14 2020.

[JoeF]

You can stay while the H1 transfer is pending. You can work for up to 240 days after the I-94 expiration while the H1 is pending. If the H1 is still pending over 240 days after your I-94 expired you have to stop working, but you can still stay.

[samandy]

I have applied for H1B Extension through the same employer and  same client same position and location.
MY 240 days are about to expire today. So will I be able to stay and work after 240 day has been completed on my application.

[JoeF]

1 hour ago, samandy said:

I have applied for H1B Extension through the same employer and  same client same position and location.
MY 240 days are about to expire today. So will I be able to stay and work after 240 day has been completed on my application.

Once the 240 days are over you can continue to legally stay in the country, but you can not work.

Edited April 23, 2020 by JoeF

[NanSam]

@User099 , @gopalakrishnach and @JoeF : Thank you all so much for your reply. I will keep you posted on how this goes. Stay safe and stay healthy 🙂

[gopalakrishnach]

19 hours ago, samandy said:

I have applied for H1B Extension through the same employer and  same client same position and location.
MY 240 days are about to expire today. So will I be able to stay and work after 240 day has been completed on my application.

You can stay but cannot work after 240 days...

[User099]

20 hours ago, samandy said:

I have applied for H1B Extension through the same employer and  same client same position and location.
MY 240 days are about to expire today. So will I be able to stay and work after 240 day has been completed on my application.

240 day rule only apply to Extensions with same employer. Transfers do not fall under the 240 day rule and they can work as long as they are pending even beyond I94 expiry. 

 

[NanSam]

Hello,

I did accept my offer from employer B and my visa transfer has been initiated.

I posted the same query to two different attorneys.

Attorney A is one of the well reputed attorney who deals with Fortune 500 companies.  I had a call scheduled to discuss about my situation.

Attorney B is for employer B, who is well known too. I got mixed response from both and i am bit confused. 

Responses as below:

Attorney A:

If visa extension is applied with same employer and same client i can work for 240 days after my i-94 expiry. In case of visa transfer i cannot work after my i-94 expiry, but i can stay until the decision is made.

Attorney B (Employer B's Attorney):

I can stay and work here in the USA even after my i-94 expiration until visa transfer decision is made.

Please let me know which response i should go with?