Can H1b be transferred with an expired I-94 on RFE?

[SubuIyer]

My employer is working on a response to the RFE. However, in the case that I need it, can I apply to transfer my H1b with an expired I-94 on either;

1. denial of H1b petition or;

2. before RFE is adjudicated by USCIS

Thank you.

 

[xTDx]

1 hour ago, SubuIyer said:

My employer is working on a response to the RFE. However, in the case that I need it, can I apply to transfer my H1b with an expired I-94 on either;

1. denial of H1b petition or;

2. before RFE is adjudicated by USCIS

Thank you.

 

Yes, any employer can transfer your H1b with an expired i94. The only issue is that the transferred petition if approved will be without the extension of i94 i.e under consular processing. That is why you and your employer have to do this experimentation while i94 is valid.

1- If your current h1b is denied after RFE and i94 expiry, you have to leave immediately.

2- No, if i94 is expired, then the new petition if approved will be under consular processing.

[pontevecchio]

No. In this case you are looking at Consular processing of the H1 visa if a H1 petition were to be approved. Once the I94 expires, any subsequent transfer is only allowed if the current extension is first approved.