H1 transfer while extension is in progress


murthyhelp9

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Posted

Hi,

 

My employer filed for an H1 extension on Apr-24-2015, with approved I-140. So far I don't see any progress in my case. My I-94 expired on Jun 21st, 2015. Today our company attorney upgraded my case to premium.

 

My question is, can I join a different company now? It is a MNC with operations in 47 countries, Will they be able to transfer my H1b visa while my extension is pending at USCIS?

 

Thank you

Posted

If you transfer your H1B without the approval of your H1B extension, your H1B transfer will be regarded as a bridge petition. i.e you will get it without I-94 and you will need to leave the country and re-enter to get an I-94.

 

Waiting for your H1B extension which you mention is being upgraded to premium would be the best option before applying for H1B transfer, unless you are prepared to leave and re-enter.

Posted

Hi,

 

Thank you for the reply. 

" you will get it without I-94 and you will need to leave the country and re-enter to get an I-94."

As per you above statement, do I have to leave the country and enter with new i-94 before start working for new company? 

 

Thank you

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