H1B Transfer-i94 expired and H1 ext Pending


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Hello:

My current H1 expired and employer not filing for Premium. I have a valid I-140 (Date: 2017). I have some questions related to H1 transfer ,in case i get an Offer from new Employer

  1. Is it allowed to file H1 transfer petition based on my current H1 receipt number or I-140.
  2. Will this be considered as Bridge Petition, if so in case New employer H1 transfer and current employer H1 ext both gets approved, do i need to goback to counselor and get Stamping?
  3. In case new employer H1 approved and current employer Withdraws petition. Do i need to go back immediately and get Visa Stamping.
  4. In case Visa Stamping required situation, Can i go for Stamping with current employer Pay checks and New Employer Offer Letter.

Thank you very much for your help!!

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1. You cannot file a "transfer" petition since your I94 has expired. Any such petition will only be approved with "transfer" if the current H12 petition extension is first approved.

2. Yes. Transfer is defined as new H1 for new employer with I94.

3. Not if you get an I94 with the new petition. You will not get an I94 unless current extension is approved.

4. You lost me.

Have B file with PP and then leave and return with a H1 visa. All your other questions will become redundant.

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