H1B transfer while extension is in progress.


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My company already filed for extension and I have validity till Dec 31 2015( both H1b and i94). Will there be any problem if I got offer from a different company and they initiate H1b transfer at the same time?. My extension was filed on August 4th at VSC and the status is currently showing as 'case was received'. How much time it will take for me to get the approval from USCIS?

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How much time it my take to get my current extension approved? Also is it legally allowed to file the transfer by another company while my current employer is processing my extension?

Current processing time is 4 plus months.

Yes, since your I94 is valid it is fine. If not H1B transfer petition will be considered as bridge petition.

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Thanks for the updates. Do I have to wait till I get approved petition from new employer or I can start working with new employer immediately after recieving reciept notice?

FYI, H1 transfer/extension taking more than 6 months. i applied 2nd of June, no response so far. so i would suggest to upgrade to PP. to answer to your question, you can start working for your new employer as soon as you get the petition/receipt number. hope this helps.

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premium processing will make sure that your case is adjudicated in 15 days. I can't say about the receipt because in many cases it is emailed in 1 day. Ask your employer's attorney if he has received the receipt. 

Your other question regarding the bridging petition. It is the petition for H1 petition whose outcome is dependent on another h1petition that is being adjudicated. 



1- You file for H1 extension prior to expiration of I-94 but you are still waiting and your I-94 has expired thus you are in 240 days rule

2. you file for an H1 transfer thru a different employer. 

3. Your new H1 transfer approval will depend on how your extension application is adjudicated because they both are now linked. 


This it the best of my understanding. 

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  • 1 month later...


My I-94 is expiring in 29JAN 2016.Current employer filled extention on august2015.New employer will initiate transfer around 25Jan.So can anybody please tell me what should I do here.Should I keep on waitikg for extention and then try changing complany or its safe to join New employer on expired i94.


If new employer's H1B is filed before your I94 expiry date then join new employer after approval.

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