H1B out of Status

[fanofsuman]

Hi,

 

I resigned my old employer and my last day with old employer was Dec 24th 2013. My new employer applied H1B visa transfer and it was approved, now I joined new employer on 30th Dec 2013, so does it mean that I fall out of status and will I face any issues If I apply for another H1B transfer or Green card in future? Because there was a gap of 5 days(ie Dec 25th 2013 to Dec 29th 2013) between switching the companies. Also, my I94 is going to get expire on Aprile 2014, so should I apply extension of I94 with the new employer now itself or should I do it later before month of April 2014?

 

Thanks in advance.

[jairichi]

Hi,

 

I resigned my old employer and my last day with old employer was Dec 24th 2013. My new employer applied H1B visa transfer and it was approved, now I joined new employer on 30th Dec 2013, so does it mean that I fall out of status and will I face any issues If I apply for another H1B transfer or Green card in future? Because there was a gap of 5 days(ie Dec 25th 2013 to Dec 29th 2013) between switching the companies. Also, my I94 is going to get expire on Aprile 2014, so should I apply extension of I94 with the new employer now itself or should I do it later before month of April 2014?

 

Thanks in advance.

Since your cap exempt petition with new employer was approved there is nothing to worry. Your employer can apply for extension at the maximum 6 months in advance. Better to apply early as there is a backlog in processing with USCIS.

[pontevecchio]

Your transfer was approved. Hence the approval has an I94 attached. What does that say? Did you ask your new employer about the matter?

[fanofsuman]

Since your cap exempt petition with new employer was approved there is nothing to worry. Your employer can apply for extension at the maximum 6 months in advance. Better to apply early as there is a backlog in processing with USCIS.

Thanks for your reply. 

 

Are you saying about the extension of the H1B or I-94 that need to be applied maximum of 6 months in advace?

[fanofsuman]

Your transfer was approved. Hence the approval has an I94 attached. What does that say? Did you ask your new employer about the matter?

Thanks for the reply. I didn't get the hard copy from my employer yet. I have to wait and see if the extended I94 is attached to the approval or not. I will followup with my employer on this. But, do you see the cases where extended I-94 get attaches to the approved H1B? Thanks in advance.