H1-B transfer and extension on expired visa


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Hello, I am working on H1-B visa since last 2 years and my visa expired on 25th July 2016. My current employer already filed for extension 2 months back in normal processing and I have the receipt copy with me. Since it is normal processing it will take 6-8 months to get approval for this application.


I have offer from company B. I request you to please give your advise on the questions are below:

1. Can Company B do transfer and extension in premium ?

2. If company B agrees to file for transfer and extend is it safe to go ahead with transfer and extension ? as there is existing extension application already in progress from my current employer.

3. Is there any risk of denial for the transfer and extension application applied on expired visa and with existing extension application already in progress ?




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Assuming your H1 petition and I94 expired on July 25, B can file a PP H1 petition for you nd get it approved. You will have to leave and return on the H1 visa. Since your I94 has expired, the "bridge of continuity" for a "transfer" demands that the current petition be first approved before the "transfer" to B.

Thank you for response ! Appreciate it.

Is there any risk of getting denial while applying on expired visa ? Incase denied will that affect the original extension appln filed by current employer that will be processed after 5 months later on ?

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