Can we work inside USA without H1B VISA during extension process with new employer?

[leapfrog]

Hello Friends,

 

I would like to like have some view on my below case

 

Currently I am working in USA for Employer “A” and the H1B VISA expires by 01-OCT-2014 and the case for extension is not filled to USICS yet (No Premium Process). Meanwhile I got an another offer from Employer “B” and the case for File Transfer and Extension in Premium Process and the case will be filled to USCIS by this week.

 

In the above case, For eg if I get an approval from USICS for New Employer “B” during end of SEP then resign my Job with current employer have 2 weeks of notice period (End date should be around 2^nd week of OCT 2014) but my current VISA will expires on 01-OCT-2014.

 

In this situation, I would like to know can I stay with Current employer without VISA in notice period?

 

Thanks,

[jairichi]

Date of expiry of I94 or I797 matters and not visa date. You should stop working when one of them expires.

[omshiv]

you'll probably get 797A with I-94 attached...you should be able to work without any issues.

[smuni]

you cannot stay with Employer A after 01-OCT-2014 if he doesn't file extension before that.