H1 Maxout and Change of employer

[krishna1234567]

Hi Folks,

 

 

My H1 Maxout(6 yrs will be completed)/I94 expiry is 03/30/15. Company A filed extension in regular(Got receipt# and have I140 approved from them). Company B filed transfer in premium(based on I140 from A) and in RFE status(responded already). I understand if I join Employer B before 03/30 no issues. What happens if Emp B petition approved after 03/30. Say if Employer B petition gets approved on Apr 10th and I joined on Apr 25th is it valid ? Will the stay between 03/30 and Apr 25th considered to be valid(As I dont have valid I94 for that duration)? Do I need to wait till Emp A H1 gets approved then only join B or can I join B any time even though H1 extn(after maxout 6 yrs) with A is pending? 

 

Experts please advise

[krishna1234567]

Also in any scenario can I get employer B visa approval notice i797 Without I94 attached to it ? 

[krishna1234567]

folks any inputs?

[pontevecchio]

You have a timely filed EOS with A and B. That lets you stay.

[krishna1234567]

Hi Thanks for the response. So can I join employer B any time (After maxout) though petition with Employer A is pending ?? Also I have filed H4 extension for my wife with employer B but not with current employer A. So can she stay based on Employer B's receipt though I have not yet joined Employer B. Is it consideered as legal stay or DO I need to file her extn also with employer A ? please advise

[pontevecchio]

Both petitions were filed before the I94 expired. Hence no question of any bridge of continuity. Wait and see what happens.

[krishna1234567]

any thoughts ?

[krishna1234567]

please advise