H1B Extension filed. I94 expired and Presently staying in 240 day rule


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My present employer has filed for my H1B Extension and its in review stage . My I94 has expired couple of months back and am currently staying in the country as per the 240 day rule period. In mean time i have received an offer from another employer and I have the below questions in my mind


1.Can the new employer file a H1B transfer in premium state while my original extension is already in review stage ? or Do i have to wait until my original extension gets the result ?


2.Is it legally even feasible for the new employer to file my H1B transfer at this stage of mine(with I94 expired)


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