Can I-94 transfer when H1-B Visa is expired?

[erca]

Hi, I am looking for a change but my situation is that my H1-B Visa is already expired and I am working in US on I-94. Will it be possible that I can transfer my I-94 from current employer to new one?

 

What all points can impact me? And is there anything I need to be careful about?

 

Please guide.

 

Thanks,

[rahul412]

You mean H1 tranfer, bcos I94 validity is based on your 797(h1).

Yes, you can still file for H1 transfer.

[jairichi]

Yes, you can as your stay in US is determined by I94 and not visa. Move to new employer only after approval.

[anilbeereddy]

You can stay in the country till your I-94 is valid.

When you said transfer of I94... u can transfer your H1b(I797) to a new employer which generates new I94 upon approval.

[erca]

Thanks Guys!

 

Yes, my I-94 and I-797 both are valid till next year. It just my H1-B which got expired. I am not sure how to transfer that.

Also, what procedure it follows? Can anyone provide more details which can help me in transfer to new employer while switching the job.

 

Thanks!

[jairichi]

Thanks Guys!

 

Yes, my I-94 and I-797 both are valid till next year. It just my H1-B which got expired. I am not sure how to transfer that.

Also, what procedure it follows? Can anyone provide more details which can help me in transfer to new employer while switching the job.

 

Thanks!

New employer files a cap exempt H1B petition and on approval you can join employer.

[pontevecchio]

The new employer needs to file a non cap H1 petition for you. Your expired H1 visa mandates that you get a new visa in future when you want to travel.

[rahul412]

Thanks Guys!

 

Yes, my I-94 and I-797 both are valid till next year. It just my H1-B which got expired. I am not sure how to transfer that.

Also, what procedure it follows? Can anyone provide more details which can help me in transfer to new employer while switching the job.

 

Thanks!

H1 transfer is nothing but new H1 but cap exempt. So its just like filing another H1 like you did earlier.

[erca]

Thanks for your esteemed inputs.