H1 B and I94 Expired, Extension got RFE

[yashujn]

Hi,

My Visa expired on 11/09/2016 and I94 expired on 11/19/2016, My Employer(let's say A) filled extension long back (31/03/2016) in normal process, later in Dec(12/05/2016) they upgraded it to premium and on 12/07/2016 I got RFE.

My Questions:

1. Now I got an offer from other company(let's say B) in some other state, can I join it with my current visa status

 

 

[mirage13]

yes you can .

[rohit369]

Yes, ask the new employer to apply for your visa transfer and wait until its approved. This will cover you.

[yashujn]

Thanks for the reply, can you please help me to understand below scenario.

1.  If i accept the offer of my new company and they started Visa transfer process but in the mean time my extension request get reject(one which my old employer filed), what will happen in that case, does it mean I have to leave immediately.

2. Another thing is if my old employer withdrawal my extension case before visa transfer process get complete, will that be a problem.

 

 

 

[shekar11#]

I am not sure Company B can start your visa transfer process because you don't have a valid I-94 currently. Check with a good immigration attorney for second opinion.

[JoeF]

A new H1 with another employer would not be approved with an I-94, because the pending H1 would become invalid, since the employer by law has to inform USCIS if you no longer work there, and your I-94 is expired. You would be overstaying.

[yashujn]

Thanks a lot for replies.

Looks like I should wait for my extension approval from current employer.

If you guys have any other suggestions, please share with me.