H1-B Extension and Transfer after I94 expired

[feelrinks]

Hello All

I need some Advice regarding Extension of H1-B visa and then Transfer at the same time

My Company A has filed for my H1-B extension on July 25, 2012 (regular Processing) and its still in Initial Review Stage, however my I-94 expired on September 17, 2012. I have got new offer from company B on December 11 and they are ready to file my H1-B transfer on premium processing. Therefore I need advice in this regard.

1. Is it legal for company B filling my H1-B transfer before my extension from company A is approved?

2. What if company B files for H1-B transfer and it gets approved before my extension which was filed through company A? Is it legal to join company B ? Would I be out of status for the period from September 18 to the time I join Company B?

Please advice in such situation

Thanks

[pontevecchio]

1. Yes.2. That will not happen. The petition from B can only be approved if the extension is first approved. 3. When does your H1 visa expire?

[Nicecar]

I have same situation.

My current H1 with Company A is expiring 01/13/2013 - have EAD with EB3 PD 04/2004. Should I extend H1 with company A and then transfer to company B or remain on EAD?

[pontevecchio]

@ nicecar Your choice. It is impossible to tell you based on limited information and in any case you should keep a Lawyer in the loop. Are you using AC21? Is your original job still available? etc. You get my drift?