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H1B transfer while on extension / I-94 expiry - Please help

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  • H1B transfer while on extension / I-94 expiry - Please help

    Hello ,

    I have a question on my scenario below, regarding switching company .Any help would be appreciated.

    Currently working in Company A - I have my visa and current petition valid till Dec 18 2016. I have my extension receipt number with current company (extension filed on Aug 23 in normal mode) . With current trend it might take another 4/5 months to get a decision on this.

    Company B - Is willing to do a H1B visa transfer for me, but waiting for the board approval.

    Question

    Is there any restrictions stating Company B has to file extension before I-94 expiry ?
    In worst case if they file the H1B transfer after I-94 expiry , is it safe ? Or any implications ?
    Will my transfer request would be valid if COMPANY A withdraws or extension get denied/RFE ?


    Any help is deeply appreciated.

    Thanks

  • #2
    Originally posted by surajen View Post
    Hello ,

    I have a question on my scenario below, regarding switching company .Any help would be appreciated.

    Currently working in Company A - I have my visa and current petition valid till Dec 18 2016. I have my extension receipt number with current company (extension filed on Aug 23 in normal mode) . With current trend it might take another 4/5 months to get a decision on this.

    Company B - Is willing to do a H1B visa transfer for me, but waiting for the board approval.

    Question

    Is there any restrictions stating Company B has to file extension before I-94 expiry ?
    In worst case if they file the H1B transfer after I-94 expiry , is it safe ? Or any implications ?
    Will my transfer request would be valid if COMPANY A withdraws or extension get denied/RFE ?


    Any help is deeply appreciated.

    Thanks
    If they dont file it before current petition/I-94 expiry then it will result in either a consular process approved petition or an RFE.


    This is my opinion not legal advice.

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