H1B Transfer during Renewal

[pkrishnateja]

My current H1B VISA is valid till 30/06/2013.

The H1B extension is filed (normal processing) on 30/04/2013 and the status is still as 'Initial review'.

 

I heard that even the H1B VISA is expired, the person can legally stay in the USA as his Extension is applied and pending at the USCIS. Please confirm if this is true.

 

My question is, can I initiate a H1B VISA transfer before the confirmation on the extension?

If Yes, will there be any complecations invlived in the process or further during the H1B VISA stampings in furute?

 

Thanks!!

[pontevecchio]

You stay till they decide or for 240 days whichever is sooner. You can only transfer to another company if the current extension is first approved. If you found a better job they can get your H1 approved and you can leave and come back on the H1 visa.

[0407]

pontevecchio,  

Why can't he apply for an H1 Transfer now? isn't it just like any other H1B not subjected to CAP? He is already in valid

H1B status.  His company filed for an extension well before his current H1B expires. 

[pontevecchio]

The OP says his previous I94 expired. Hence as per the "Bridge of continuity" of status as per USCIS the previous petition has to be first approved if a new employer files a H1 petition for the OP . Else any employer can get a

[pontevecchio]

Post I94 expiry if a new company files a H1 "transfer" the original extension has to be first approved before the new petition will be approved as per the "Bridge of continuity" as per USCIS. Of course a new employer can get a H1 petition approved for CP and the OP can leave and return with the visa

[0407]

Thanks pontevecchio. Didn't know this rule

[pkrishnateja]

Hi All,

 

My transfer (initiated by new Employer) had been approved before the approval of my extension(from Previous Employer).

 

Thanks.