Consular processing for H1B transfer during Covid situation

[AmericanDream2020]

Hi All,

My H1-B extention with employer A is in process after I received an RFE. Response is filed in premium now after 6/12/2020. I was trying to transfer to employer B after i-94 was expired with employer A which got an RFE due to status issue. My emploer B filed consular processing in premium on 6/9/2020. I have few questions on what are my options now

 

1. If transfer with employer B gets approved first without an I-94 attached to it  and extention from Employer A gets approved after a week with an I-94, can I switch to employer B without stamping and start working ?

2. If not can my Employer B again file for adjustment of status since I am back in status now and transfer was approved before the extension approval?

 

It would be great if someone can help me in this scenario?

Thank you!

[User099]

Emp B should have waited. Emp B can file for a H1 again once you get a valid I94. 

[gopalakrishnach]

I feel since B applied for I94 extension it depends on A petition. I may be wrong.

1. B needs to do new H1B to get i94 based on A approval.

2. I guess yes.

[aloo88]

You can not work with employer B unless you have I94 from their approved petition.

[AmericanDream2020]

Ok. Let me wait and see what happens in next week.I will update here.

 

[AmericanDream2020]

Status of my H1-B transfer with employer B changed to "case was approved and my decision was emailed". My attorney emailed me that I will get an I-94 attached with the approval notice. Not sure what email he got from USCIS but he confirmed I can start on-boarding with my new employer.