I-94 expiring - H1B Transfer/Extension still pending with USCIS "Initial Review"

[nalwar]

Background:

I started L1A with Company A from June 2007.

Switched my Job from Company A to Company B in October 2009.

Company B sponsored by H1B (Transfer from L1A to H1B - 797A for H1B has I94 from 10/1/2009 to 9/30/2012).

July 2012, I switched to Company C (Company C sponsored my H1B extension and transfer from Company A)

My application for H1B Transfer from Company B to Company C was received by USCIS on June 26th 2012.

The application status still shows as "Initial Review" on uscis.gov.

My spouse is also on H1B

Question:

1. If my H1B transfer does not gets approved till Sept. 30 2012 (date when my I94 expires). Do I have to go out of US.

2. If my H1B transfer to gets rejected, can I file for my status change to H4 on my spouse's H1.

If yes, how much time do I have to file for my H4 transfer before I go out of status.

3. If I file for my H4 now, will I be able to also maintain my H1B if it gets approved.

[DontWorryBeHappy]

Question:

1. If my H1B transfer does not gets approved till Sept. 30 2012 (date when my I94 expires). Do I have to go out of US.

Need not be, as long as the decision is pending with USCIS you are good to go. One option you have is you can expedite the processing by opting for the Premium Processing. It costs $1225 though but you will get the USCIS decision in 2 weeks.

2. If my H1B transfer to gets rejected, can I file for my status change to H4 on my spouse's H1.

If yes, how much time do I have to file for my H4 transfer before I go out of status.

You need to initiate it immediately after you come to know about the denial. You need to hire an attorney to do that. You may go with the same attorney who filed H1 or your wife employer's attorney.

3. If I file for my H4 now, will I be able to also maintain my H1B if it gets approved.

I suggest you not to complicate the case by applying for COS from H1-H4 simultaneously. Instead you may opt for PP as I said in A1.

You may better get an advice from an attorney by providing all the facts of your case. Its worth an investment.

[nineballs]

You can definately stay beyond your I94 expiration, if an application with USCIS is pending. I guess the grace period is around 3-6 months (not sure of the exact number). This grace period will be called "authorized period of stay". Your status wil be "no status". You won't be illegal at any time.

However, if your petition is rejected or you get I797B (approved petition but no I94), then your stay from 30th Sep onwards will be considered illegal til the time you leave the country. Since, you were in no sttaus from 30th Sep onwards.

I guess, save yourself the trouble and upgrade to premium processing. You can legally pay the $1,250 without any help from employer nad get the approval in a week or so.

I remember one of my friend's petition was filed on June 22nd, 2010 and USCIS status was in initial review till Sep 20th. He upgraded to PP and got his H1 approved on Oct 1st. Yes, Oct 1st. Best of luck and stay out of trouble.

[SameerH1Bworker]

There is 240 days law if you've pending decision & expired I-94.