Need advice in maintaining H1B status - I94 about to expire

[nagkarasala]

Dear all,

 

Need some advice on my current situation. My current I 94 is going to expire by end of Aug 2013 and my H1B extension is under process. There was an RFE and we replied back this week so waiting to hear on the final decision.

However, I am checking if I have any options open to maintain the status just in case my H1B extension decision turns out to be a Denial. My wife is also on H1B and she is under maternity leave right now. She is 8 Months pregnant.

 

I have few questions for which I am looking for your advice.

 

1. Can I file for a H1B transfer now ? Is it too late as I just have 3 days left before my I 94 gets expired.

 

2. Can I file for H1B transfer or for a new H1B after my I 94 gets expired since my H1B extension is still under processing ?

 

3. Is there any option by which I can maintain my H1 status once my I-94 is expired and my H1 extension decision turns to be denial.

 

Your advices are very much appreciated.

 

[jairichi]

 

Dear all,

 

Need some advice on my current situation. My current I 94 is going to expire by end of Aug 2013 and my H1B extension is under process. There was an RFE and we replied back this week so waiting to hear on the final decision.

However, I am checking if I have any options open to maintain the status just in case my H1B extension decision turns out to be a Denial. My wife is also on H1B and she is under maternity leave right now. She is 8 Months pregnant.

 

I have few questions for which I am looking for your advice.

 

1. Can I file for a H1B transfer now ? Is it too late as I just have 3 days left before my I 94 gets expired.

 

2. Can I file for H1B transfer or for a new H1B after my I 94 gets expired since my H1B extension is still under processing ?

 

3. Is there any option by which I can maintain my H1 status once my I-94 is expired and my H1 extension decision turns to be denial.

 

Your advices are very much appreciated.

 

(1 & 2) Yes, you can. For a H1B cap exempt petition with new employer, as long as you get a receipt notice from USCIS and a decision is pending you are in status. As no decision has been taken on your EOS you are still in valid status. 

(3) If you can not find a new employer then apply for COS to H4 based on your wife's H1B.