H1B visa transfer. Current visa about to expire.

[bittersweet.arpan]

Q: I am on H1B visa in my current company until Sept 30, 2013 (I-94 expired Setp 30, 2013). I got a new job and New employer is applying for new H1B with intended employment start date as Oct 1, 2013. The new company is filing my H1B transfer in premium processing application on Sept 5th 2013. If I get I-797 after Sept 30th instead of Sept 30, 2013 and my old employer does not file extension for my current visa what would my status be?

Also,

1. Am I allowed to stay in USA legally from Oct 1st till I get the approval of the transfer?
2. Am I allowed to work with new employer under portability of getting the transfer before the receipt of approval?
3. Do I need to get the extension filed for my expiring visa with the current employer?

Please advise.

[jairichi]

Q: I am on H1B visa in my current company until Sept 30, 2013 (I-94 expired Setp 30, 2013). I got a new job and New employer is applying for new H1B with intended employment start date as Oct 1, 2013. The new company is filing my H1B transfer in premium processing application on Sept 5th 2013. If I get I-797 after Sept 30th instead of Sept 30, 2013 and my old employer does not file extension for my current visa what would my status be?

Also,

1. Am I allowed to stay in USA legally from Oct 1st till I get the approval of the transfer?

2. Am I allowed to work with new employer under portability of getting the transfer before the receipt of approval?

3. Do I need to get the extension filed for my expiring visa with the current employer?

Please advise.

(1) Yes, as long a decision on your H1B petition is pending with USCIS you are on legal status.

(2) Legally you are allowed to work for your new employer once you obtain receipt number. But, it is always suggested to wait for approval before you start to work.

(3) Not really.

[bittersweet.arpan]

(1) Yes, as long a decision on your H1B petition is pending with USCIS you are on legal status.

(2) Legally you are allowed to work for your new employer once you obtain receipt number. But, it is always suggested to wait for approval before you start to work.

(3) Not really.

 

Thank you Jairicha for the quick response. Appreciate your help.