I-94 and H1B transfer question


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I am not sure whether I will be out of status within next month, so any response is appreciated.

here is my situation.

I have a visa and I94 valid till 9/22 from company A.

Then i applied for transfer with company B and got it approved till 2013. But I didnt join company B as i got a better offer with company C and started my transfer process and i just got I797 for company C.

I am working for company C now.

can i continue to work for company C till I get my H1 approved?

is my I94 valid from company B?

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Generally, when an individual is in valid H1B status it is permissible to have multiple change of employer petitions pending at the same time. In these situations, if utilizing the advanced portability provisions of AC21 by working with an employer after USCIS has received the change of employer petition it is important to be sure each petition in the string has been approved. In the limited scenario described above, as long as the individual was in valid H1B status prior to the filing of the change of employer petition, and commenced work with each of the new employer upon USCIS’s receipt of the new petition, that individual should be eligible to continue working until there is a decision on the petition pursuant to AC21. This discussion is limited to the facts listed above and should be reviewed directly with a qualified U.S. immigration attorney pertaining to each individual’s personal circumstances. Please feel free to contact a Murthy Law Firm attorney with any other questions relating to this matter.

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