Urgent: H1B Transfer after I94 Expiry


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Hi. I am currently working for employer A with whom my H1B has been filed on 05/01/2020 in regular processing. My I94 expires on 05/20/2020 and I have an offer from a new employer B and they will be applying for H1B transfer around 06/10/2020. I understand that this will be a bridge petition.

The best option is to convert the extension with Emp A to premium and wait for approval and then apply for H1B with Emp B. I would do that but if I get an RFE with old Emp A then I do not have an option but to start working with the new employer B.

If my H1B transfer with Employer B is approved while my H1B extension with Emp A is still pending then I have to start working for employer B. Let's say USCIS issues an I94 from 06/10/2020 with the new employer. I have the following questions.

i) Once I resign from Emp A then they will withdraw the petition so ideally it would mean that my old H1B extension petition would be revoked. As this is a bridge petition case, how does it work? Does it invalidate my H1B approval with employer B as the old petition in the chain is withdrawn or does it only invalidate the chain if the H1B petition is denied?

ii) If it does not invalidate my H1B approval  with Emp B then will the time from 05/21/2020-06/19/2020 be considered as unauthorized stay as there is a gap between old I94 expiry and new I94 start date. Do I have to go outside the US and get a stamp?

iii) My new employer wants me to start working on the receipt. What are the risks involved?

 

 

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I would do that but if I get an RFE with old Emp A then I do not have an option but to start working with the new employer B. --- Why you feel RFE cannot be answered and after that get approval.

If my H1B transfer with Employer B is approved while my H1B extension with Emp A is still pending then I have to start working for employer B -- I feel B cannot approved before A. I maybe wrong.

 

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