I-94 expiring soon and H1-B transfer


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Hi experts,

Here's my details:

My I-94 (H1-B, first 3 years) is expiring soon on sept 5th, 2011

I am in the process of transferring to company B (company B has started the transfer process)

And my current company has not filed extension for me.

My questions are:

1. If by Sept 5th 2011, I haven't get the transfer receipt and essentially haven't start working for company B, will I be out of status?

2. Should I ask my current company to file extension for me to maintain my status while transferring (I am reluctant to do this because It will be a waste of money, however, I guess if I have to, I will do this)

Pleasee help, thank you....

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If you file for transfer before expiry of your I94 date AND get a receipt date of on or before your expiry of I94, you should be fine to stay in US and can start working for new employer once you get receipt date. Remember, under regular processing, receipt date can take as long at 10-15 biz days to get generated once USCIS receives your packet. Under premium processing this date can be reduced to 1-3 biz days. Also note that LCA takes about 7 biz days to get approved. You will need a approved LCA to file for h1b petition.

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