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H1b Transfer after i94 expiry

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Hi folks , please help urgently.


My H1B is expiring on sept 27th 2014 . my employer company A applied for h1b ext 4 days back and will not give the receipt number or approval until next 2 months , i am fed up with this company anyhow. but now i got a new offer from company B but can not apply before my i 94 expiry , i will be applying on oct 3rd , already LCA submitted. so have to wait for approval on LCA for company B. 


so my question is what are my chances of get approval for company B , i know i will be out of status for 5 days , will that be graceful consideration or USCIS will approve on basis of leave country and come back ? 


PLease advise experts this is so urgent and life changing decision. i request please post ur opinion.



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Company A will get receipt notice within 7 to 10 days. Oct 3rd should not be an issue for company B to file a H1B petition. It might get approved with I94.

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First, you won't be out of status. You are allowed to work for 240 days after I-94 expiry if H1b extension is filed in time. You are allowed to wait in US until you get the decision on your H1b extension case.


Second, you would like to transfer H1b to new employer after I-94 expiry and your H1b extension is also pending at the same time. You would need at least a receipt no to be able to file H1b transfer. This is a "bridge" petition. Both these petitions - H1b extension and H1b transfer should be approved, then only you could work with the new employer. 

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First you may do a COS to B1/B2. Later you might get 797B where in you'll have to leave the country and come back.


Wont be any issues. Hopefully things turn good in your favor.

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