H1 Transfer when I 94 has expired

[PraveenRaja82]

Hi,

I have a question.

I work with Company A.My Visa and my my I 94 is expiring this week.Company A has applied for H extension(normal) and we got the receipt #.

Going by current trends,it would take 5 months to get a response from USCIS.

Now,if I want to transfer my h1 to company B,can I do that when my I 94 has expired?

I will still work with Company A until my H1 with Company B is approved.

Is this possible.What will be likely issues,if my transfer is rejected.Will I go out of status?

Will my transfer with Company B and extension with Company A can go side by side.

Please provide your insights

Thanks

[pontevecchio]

Since your I94 has expired the new petition can only be approved if the transfer is first approved. But the new company can file with CP.

[rahul412]

Is this possible.What will be likely issues,if my transfer is rejected.Will I go out of status?

if your H1 is rejected, then you are out of status by default.

[piscean5]

@Praveen : You can do it (File for an H1B transfer once your I-94 has expired, keep working with company A...) but as your I-94 will be expired, I believe it will fall under H1 Bridging. (Read more about H1B bridging)

You will not go out of status if your H1B transfer application gets denied before your H1B extension gets approved/denied. You can only go out of status if your H1B extension is denied.

Likely Issues: You will likely get an RFE on H1B transfer application saying that your transfer application cannot be processed till your H1B extension application processing is completed (I currently have one). I have heard of some people NOT receiving this RFE but you can try your luck.

Thanks

[PraveenRaja82]

Since your I94 has expired the new petition can only be approved if the transfer is first approved. But the new company can file with CP.

Thanks for the reply.What is CP.

Are you saying that my transfer can be done only after the extension with company A is approved?

[PraveenRaja82]

@Praveen : You can do it (File for an H1B transfer once your I-94 has expired, keep working with company A...) but as your I-94 will be expired, I believe it will fall under H1 Bridging. (Read more about H1B bridging)

You will not go out of status if your H1B transfer application gets denied before your H1B extension gets approved/denied. You can only go out of status if your H1B extension is denied.

Likely Issues: You will likely get an RFE on H1B transfer application saying that your transfer application cannot be processed till your H1B extension application processing is completed (I currently have one). I have heard of some people NOT receiving this RFE but you can try your luck.

Thanks

Thanks for your response.So,are you mentioning that I would definitely get an RFE and it may be rejected due to H1 Bridging?

[pontevecchio]

CP is consular processing. It is called the Bridge of continuity.

[piscean5]

@Praveen : Nobody can be 100% definite in their opinions here. I currently have a RFE for my transfer application saying that a final action needs to be taken on my original extension application before any processing can be done on the transfer application. You will most likely get the same RFE as your case looks similar to mine but I have heard that in some cases people didnt receive the RFE, so you can try your luck.

It will not be rejected on H1B bridging basis, he most likely scenario is RFE

Thanks

[cheersalam]

I am in similar situation, but my case is slightly complicated (as always :) )

1) I am working in EVC model. Vendor is "preferred" vendor by client. My visa expired in Sep, 2012 and before expiration my employer filed for H1B extension in PP. I received RFE for "Employer Employer relationship" in sep. Now my employer is asking for "client letter" directly from client which client cannot give because on papers they know only vendor. They are ready to give letter to vendor and vendor is ready to give vendor - employer letter. But my employer is saying that without client letter I am having very less chances, whereas vendor is saying this is a standard way and you will get your extension easily. RFE response last date is dec 17th. So what should I do? Should I press my employer to file my extension with the letters provided by client and vendor?

2) Now, vendor is asking me to join on their payroll and ready to do H1B transfer. As per piscean5 If I apply for H1B transfer with my H1b extension pending, I will receive RFE again.

Experts please advice.

[PraveenRaja82]

CP is consular processing. It is called the Bridge of continuity.

Thanks for the clarification.

So,if I apply for transfer with company B and get it approved.But after that,if company A withdraws the extension petition,then even my transfer would also be void.

Is that a right statement to make?

[piscean5]

@simple_delhi: As per my understanding

1) You should try to get client letter but if not still should reply with what you get. One suggestion would be to ask Client to give a letter without mentioning vendor name. Just saying that "Mr. xxx is working as a contractor. ........ Just avoid reference to main vendor name. That might be a better option but wait for others to jump in. Also, I think you should also ask the client letter question in another post. As this post relates to multiple H1B question, you will get more answers for client letter question in a new post.

2) If possible you should file another H1B. Even if you get an RFE, , it will be processed once a final action is taken on your current H1B. If the final action on your current application is denial (hopefully not), you will have a backup option.

Thanks

Sidhu

[piscean5]

@ Praveen: If your transfer with B gets approved, it will not get void even if A is withdrawn or denied. But you will most probably have to go to India for I-94.

In

[pontevecchio]

If your I94 expired and you then had B file a "transfer" the petition by B can only be approved AFTER the extension with A is approved. If the extension with A is denied the "transfer" to B will not happen THOUGH THEIR PETITION MAY BE APPROVED FOR cp IN WHICH CASE YOU WILL NEED TO RETURN WITH A VISA.

[piscean5]

@Pontevecchio: I have a question: I have a RFE on my H1B extension. I filed an H1B transfer application (after my I-94 expired) which also has an RFE saying a final action needs to be taken on H1B extension application b4 H1 transfer application is processed.

I am planning to file a reply to my H1b extension RFE. My question is

1) If my H1 extension application gets denied after responding to RFE, do i get out of status right then?

2) If yes, will USCIS even process my H1B transfer application?

Thanks

Sidhu

[wiweq]

"I work with Company A.My Visa and my my I 94 is expiring this week.Company A has applied for H extension(normal) and we got the receipt #."

Two things to be noted:

1. Because you have got the receipt no before your I94's expiry, your status won't create any problem in your H1b's decision. In the case of denial, you will be counted out of status retrospectively i.e from the date of expiry of I94.

2. If you don't get any decision within 180 of I94's expiry you would have to leave USA.

[piscean5]

@wiweq: " In the case of denial, you will be counted out of status retrospectively i.e from the date of expiry of I94."

Are u 100% confident about this? Over the years I have heard conflicting opinions about this and 2 months ago I talked with ***** ****** ( big immigration lawyer from DC) for my RFE and he said that you will only go out of status from the date of H1B denial and not retrospectively.

I would still like to hear about any cases where it actually happened? Please share

Thanks

Sidhu

[pontevecchio]

In the case of denial, you will be counted out of status retrospectively i.e from the date of expiry of I94

That is not true. One is in valid status awaiting the decision. Once denied one starts getting status problems.

[visa4ind]

Hi friends,

 

1: My I-94 expired from company A on 29Nov2013. I did not file extension with company A.

2: Company B filed H1B transfer case on 15Nov2013 under premium processing and I did not join company B yet.

3: I got RFE on 26Nov2013 and I am waiting my employer B to respond on it.

 

Questions:

1: shall i transfer my H1B to employer C after I-94 expiry.

2: As i did not join company B yet, shall i out of status between I-94 expiry and Company B joining date if i join company B on H1B transfer approval.

 

Appreciate a Quick Reply.

[Venkatakrishnan]

Hi Everyone,

Am in a kind of same situation. Adding to the above threads, if my transfer with Company B gets approved while my extension with Company A is still pending after I-94 expiry, Can I directly join Company B before i get the status of my extension.

What happens if after i join company B and my extension gets revoked(by Emp A/denied or if it goes to RFE)

 

[Anandraj]

Hi Everyone,

Am in a kind of same situation. Adding to the above threads, if my transfer with Company B gets approved while my extension with Company A is still pending after I-94 expiry, Can I directly join Company B before i get the status of my extension.

What happens if after i join company B and my extension gets revoked(by Emp A/denied or if it goes to RFE)

@Venkatakrishnan, did you get any response/inputs?. I am also in a similar situation. Please let me know