H1B Transfer - Can I join after i94 expiry?


MKB

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Current H1B Background:

Visa expiry date: February 28, 2019

I94 expiry date: March 10, 2019

Current Extension filed: Oct 2018 and currently in RFE status. Yet to respond.

New Company has filed my H1B transfer on Feb 27, 2019 and received the receipt number today. I am planning to join on receipt number.

  1. Can I join the new company after March 10, 2019 (I 94 expiry)?
  2. If my Current company do not withdraw the petition and if the H1B extension is denied. Will that be a problem with H1B petition filed by the new organization?
  3. Can I leave my current company on March 15th (Last working day) and Can I join the new company on March 18th, 2019.  As I am on receipt number - I will not be working on March 16th and March 17th (being weekend) - Will that cause any problem?
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21 hours ago, MKB said:

Current H1B Background:

Visa expiry date: February 28, 2019

I94 expiry date: March 10, 2019

Current Extension filed: Oct 2018 and currently in RFE status. Yet to respond.

New Company has filed my H1B transfer on Feb 27, 2019 and received the receipt number today. I am planning to join on receipt number.

  1. Can I join the new company after March 10, 2019 (I 94 expiry)?
  2. If my Current company do not withdraw the petition and if the H1B extension is denied. Will that be a problem with H1B petition filed by the new organization?
  3. Can I leave my current company on March 15th (Last working day) and Can I join the new company on March 18th, 2019.  As I am on receipt number - I will not be working on March 16th and March 17th (being weekend) - Will that cause any problem?

- Yes. That is the whole idea of changing employer and requesting extension of status. You must be maintaining status at the time of change of employer/extension of status applications, which, from the info provided you seems to do.

- No issues. One you joined a new employer on a timely filed petition, say goodbye to the old one and they should not be a concern to you,

- No issues. As you have a current RFE ridden extension in process and change of employer(with extension of status) petition received. 

Only complication that I see is you being out of status if new employers petition gets denied. Good luck.

Furthermore, you can ask these question to your employers attorneys, they are getting paid for exactly this.

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