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Waiting for H1B Transfer and my I-94 got expried.

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  • Waiting for H1B Transfer and my I-94 got expried.

    Hi,

    H1 Transfer applied on - June first week 2012, and got a receipt number (NO REF!).

    It's been more than five months. So called my company's law firm and they talked to USCIS and they informed me that My case is beyond the time limit (I should not follow the uscis website online updates) and will come to know by only the first week of December.

    Meantime, my I-94 (from my previous approved petition) got expired on - First week of Oct 2012.

    Would like to know, if someone has same situation like me and also, Am I in legal status to stay in US? My company says it's ok since we have receipt number, But I'm worried. Please anybody advise me on that why they take this much time.

    All my previous years(4 years) I applied to Vermont Service Center. Now we move to mid-west, so had to process my H1B transfer to California Service Center.

    Thanks in advance.

  • #2
    Have you already joined the new company? You are allowed to work for them as long as the petition is pending. But if petition is denied, your stay beyond I-94 may be considered illegal. If petition is approved, you will be fine.
    This is my opinion and not legal advice.

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    • #3
      Hi,
      Thank you for your reply. Yes, I did join with the new company in June itself. Waiting for more than 5 months is not a good sign :-(

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