Query on when to time H1 transfer

[Johnny123]

Hi,

 

My current H1 visa is expiring on 20th July. My current employer filed for visa extension in premium on 25th May, but due to suspension in premium processing, it is being handled under regular processing.

 

I have got new job offer. My new employer wants me to join them somewhere in last week of August.

 

My question is, Can my new employer start my H1B transfer, when My current H1b is expired and under extension?

 

OR  should I ask my new employer to start my H1B transfer process right away, before my current visa expires, on 20th July?  

 

 

[jairichi]

If your new employer starts your H1B petition before your I94 expiry then the outcome of extension petition with current employer will not be an issue.

If your new employer starts your H1B petition after your I94 expiry then it is considered as bridge petition. If the outcome of extension petition with current employer is negative then new employer's H1B petition will be approved without I94 attached to I797.

[rahul412]

Yes that's possible.

[Johnny123]

Thank you Jairichi and Rahul412 for your responses. 

 

So, best way is for my new employer to file petition before my current i-94 expires. Is it that receipt number (for my new employer) should get generated before my current i94 expires?

[jairichi]

Thank you Jairichi and Rahul412 for your responses. 

 

So, best way is for my new employer to file petition before my current i-94 expires. Is it that receipt number (for my new employer) should get generated before my current i94 expires?

Yes, that is correct.

[victor_26]

Yes, that is correct.

Is this I-94 the one in the I-797 or the one we get at the POE?

[jairichi]

Is this I-94 the one in the I-797 or the one we get at the POE?

Whichever is the latest.