H1B transfer during extension

[dprabhu0084]

Hi ,

My Current employer have filed the extenstion and its in Intial Review my current Visa is expiring on 30th of Nov and the I-94 is valid till 10th of December, I have got an offer from an other company who says they will be filing it on 30th Nov, the day of the Visa expiry.

My questions :

The new employer says it might go for consular processing and if it goes for consular processing he says the transfer application can be withdrawn.

What are the chances for it go for consular processing ?

Will there be any impact to the extension filed by my current employer if in case the tranfer goes for consular processing ?

Can I continue with the current employer , if in case the transfer application goes for consular processing ?

Thanks,

Prabhu

[Attorney_23]

In general, the employer selects whether a petition is for consular processing or not. This is not something USCIS typically decides.

[dprabhu0084]

Than you very much for the quick reply , Is it ok to ask the new employer to file for Consular processing , Is there any risks inolved ?

[pontevecchio]

Think twice before you join this company.

[dprabhu0084]

Hi Pontevecchio,

Should the extension be filed before I-94 expiry or Visa Expiry to avoid CP ?

Thanks.