H1-B Transfer after I-94 expired - urgent

[Kaliprasadg1]

Hi All,

Need your kind suggestion in the below case.

I am currently with Company 'A' on H1-B and my current I-94 is expired on 2-Sep-11. Company 'A' applied for my H1-B Extension on 2-May-11 and received a RFE on 28-Jul-11 and replied to RFE on 28-Sep-11. Current status is "Request for Evidence Response Review".

Company 'B' applied for H1 transfer on 20-Sep-11 (18 days after I-94 expiry) as a bridge petition and got approval on 29-Sep-11 (premium).

Question:

1. Can I join Company-B now?

2. If extension with Company A gets rejected, will it also invalidate already approved H1 Transfer for B?

3. How many days I will be out of status? 18 days (between i-94 expiry and transfer filing)?

4. In that case, can I go outside US and get a visa stamping for B to come back and work again?

5. If answer for #4 is yes, will the visa stamping be affected by the out of status reason?

6. Is there any alternate option available?

Appreciate your help.

Regards,

KG

[shivapapol]

Hi Prasad,

I have a similar issue now for me. Can you please let me what happen in your case and how did you handle it. Please reply ASAP.

[Attorney_13]

The scenario described is a complex and risky situation. In general, if one's I94 card has expired and an additional petition is filed, the beneficiary should not recieve a new I94 card with the approval unless the prior petition and extension of status (I94 card) is approved.

It is not clear whether the petition filed after your I94 card expired was an approval of the H1B petition on its own, or if the USCIS also issued an I94 card with the petition approval.

Based on the facts presented it is not clear if you have any status or work authorization in the US based on the recently approved case filed by the second employer. In general, when a petition is approved without an I94 card, then one will need to travel outside the US and obtain an H1B visa.

Any status violations failure to maintain status may come up at consulate interviews.

Due to the complex nature of this scenario, it is advisable to consult directly with a qualified and experienced immigration attorney to discuss your case in detail and determine a customized course of action.