H1B Transfer when extension pending


saurabh6766

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Hello,

 

I am working for company A and my visa and I-94 expired on Sep 30 2015. Company A filed an extension for me on June 2 , 2015 under normal processing and is still pending with USCIS (Case received status) till date.

 

Now, I got an offer from company B and they are starting my transfer under premium processing. 

 

Say the company B transfer gets approved on Feb 1, 2016 and I join company B. Meanwhile, the extension of company A gets a RFE. 

 

1. So will my stay in stay in US from Sep 30, 2015 - Feb 1, 2016 deemed illegal ? 

 

2. Is it OK to join company B in my situation.

 

Thanks

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