H-1B Transfer(Non premium) while I-94 validity is less than 4 months.


gkapil

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If EmployerB wants to file H-1B Cap-Exempt for transferring H-1B in Month of March and I-94 is valid till end of May. EmployerA has filed the Extension which is Pending. Below are the scenarios.

1. Employee switches job based on receipt from EmployerB before I-94 expires and gets a Denial on Cap Exempt later and by that time I-94 is expired. Is Employee out of status from the date of I-94 expiry or from the date H-1B transfer is denied. Does he have to leave the country right away or is there any remedy?

2. Is it advisable to convert the Extension in Premium and get the H-1B extended(assuming new I-94 will be issues with a new date.) and then file for H-1b Transfer. If Cap Exempt gets denied before the expiry of new I-94(from the extension). Will Employee still be counted as Out of status? Can he file for new H-1B with a new employer within 60 days of H-1b cap exempt denial?

 

 

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