H1-Transfer after i-94 expiry

[prvn85]

I am working for employer A  and my current visa and I-94 got expired on 05/17/2019. Employer A filed extension in regular processing and is currently pending with USCIS.Employer B has offered me a position and filed H1B- transfer after I-94 expiry date(06/14/2019) in premium and got my approval stating the validity and I-94 date starting from 06/30.

 

1. Do I mandatorily need to go for stamping to start working a with employer B?

2. What will be my status between 05/17-06/30 if USCIS question for future extensions?

3. If employer A withdraw my petition at any point of time will that have any impact for current petition.

4. If employer A petition is denied at any point of time will that have any impact of my new H1 with employer B.

4. I filed H4 EAD with employer A receipt notice and is pending. Now I am moving to employer B . Can I transfer that H4-ead application to new H1B on employer B?

[pontevecchio]

1. No

2. The fact that you got an I94 means they consider your stay legal. Make sure with the lawyer for B that there has been no error by USCIS.

3. For future reference, A company has to revoke the petition of an employee who leaves. Maybe look up all the details of the H1 program? to save future confusion.

4. If USCIS made no error as per the lawyer for B, there should be no effect.

5. I suspect your spouse will have to reapply. See if B will pay as a courtesy.

[priii]

Hi Prvn85,

My situation is exactly similar. It would be a big help if you can share any updates on the same like if there have been any complications thereafter.

I am sharing my situation here and i am in a big dilemma if i should proceed with H1B transfer or not.

Hi,

My H1B validity with employer A ended on 6th July and same is the case with I-94.
Employer A filed an extension under regular processing on 25th June, where I am waiting for a decision and can stay up to 240 days.
Trying my luck outside, I got an offer from employer B on 10th July.

1) Can employer B file H1B transfer under Premium Processing ?
2) Will my pending extension from employer A have any affect on my H1B transfer?
3) Even if transfer for employer B is filed under PP, will it be on hold from USCIS until my extension is approved for employer A?
4) If I get any RFE on my H1B transfer, will my employer A be notified?
5) What if employer A’s extension gets rejected or if its withdrawn after employer B’s transfer get approved ?

 

Thanks

[Sarpra]

Hi ,

 

can either of you kindly update what happened in this situation as Iam currently in the same scenario. 

 

it would be of great help to make a decision .

 

My H1B validity with employer A ended on 25th march and same is the case with I-94.
Employer A filed an extension under regular processing on 20th March, where I am waiting for a decision and can stay up to 240 days.
Got a new offer From employer B , but they aren’t ready to wait for too long .

1) Can employer B file H1B transfer under Premium Processing ?
2) Will my pending extension from employer A have any affect on my H1B transfer?
3) Even if transfer for employer B is filed under PP, will it be on hold from USCIS until my extension is approved for employer A?
4) If I get any RFE on my H1B transfer, will my employer A be notified?
5) What if employer A’s extension gets rejected or if its withdrawn after employer B’s transfer get approved ?

[User1111]

Did you get approval? I'm in the same scenario, but have received RFE stating transfer to company B should have filed before I94 expiry. If you did get approval, was it under counselor processing?

[harsih]

On 7/14/2019 at 11:45 PM, priii said:

Hi Prvn85,

My situation is exactly similar. It would be a big help if you can share any updates on the same like if there have been any complications thereafter.

I am sharing my situation here and i am in a big dilemma if i should proceed with H1B transfer or not.

Hi,

My H1B validity with employer A ended on 6th July and same is the case with I-94.
Employer A filed an extension under regular processing on 25th June, where I am waiting for a decision and can stay up to 240 days.
Trying my luck outside, I got an offer from employer B on 10th July.

1) Can employer B file H1B transfer under Premium Processing ?
2) Will my pending extension from employer A have any affect on my H1B transfer?
3) Even if transfer for employer B is filed under PP, will it be on hold from USCIS until my extension is approved for employer A?
4) If I get any RFE on my H1B transfer, will my employer A be notified?
5) What if employer A’s extension gets rejected or if its withdrawn after employer B’s transfer get approved ?

 

Thanks

I am having similar situation, what was your response ? Can you please let me know