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Hey Everybody!
I just wanted to give news about my case in case someone else might go through something similar in the future or in case it might help someone to find a way to apply for H1b.
So, Company A applied for H1b extension few month before the expiration of my i94 in regular processing. After a couple of months we got RFE. We filed on time a response for the RFE however while the extension was pending my I94 expired, therefore I went into the 240 days rule which allow me to stay under a "period of authorized stay by General Counsel" (or smhtg like that)
10 days before the expiration date of my i94 I got a job offer, they knew the whole situation about my i94 expiring in a few days, they applied for the LCA and since getting the LCA takes aprox a weeks then they knew that we were gonna be filing for the H1b extension+transfer after the expiration. So Company B filed 2 weeks after my i94 was expired (therefore they filed an H1b extension+a transfer during the 240 days period) under premium processing. They though that we might probably gonna be getting a RFE asking for Company A extension approval, however this never happens.
After a week that that Company B filed we got a approval on my H1b extension+transfer.
So what I want to let you know, is that seems like we are ok, to apply for a H1b after i94 has expired, only if the new H1b is besides a transfer also an extension. and the even though seems like I might have been in a "brigade" situation that didn't prevent me from getting the case approved.
Hope this has been of any help to anyone that is in similar situation, or is thinking about getting a new job after their i94 has expired (though note! you need to have had a previous H1b extension in process filed before your i94 expiration to be under a period of authorized stay by CG" or probably it was just luck, who knows though hope my case helps to anyone seeking answers!
I just wanted to give news about my case in case someone else might go through something similar in the future or in case it might help someone to find a way to apply for H1b.
So, Company A applied for H1b extension few month before the expiration of my i94 in regular processing. After a couple of months we got RFE. We filed on time a response for the RFE however while the extension was pending my I94 expired, therefore I went into the 240 days rule which allow me to stay under a "period of authorized stay by General Counsel" (or smhtg like that)
10 days before the expiration date of my i94 I got a job offer, they knew the whole situation about my i94 expiring in a few days, they applied for the LCA and since getting the LCA takes aprox a weeks then they knew that we were gonna be filing for the H1b extension+transfer after the expiration. So Company B filed 2 weeks after my i94 was expired (therefore they filed an H1b extension+a transfer during the 240 days period) under premium processing. They though that we might probably gonna be getting a RFE asking for Company A extension approval, however this never happens.
After a week that that Company B filed we got a approval on my H1b extension+transfer.
So what I want to let you know, is that seems like we are ok, to apply for a H1b after i94 has expired, only if the new H1b is besides a transfer also an extension. and the even though seems like I might have been in a "brigade" situation that didn't prevent me from getting the case approved.
Hope this has been of any help to anyone that is in similar situation, or is thinking about getting a new job after their i94 has expired (though note! you need to have had a previous H1b extension in process filed before your i94 expiration to be under a period of authorized stay by CG" or probably it was just luck, who knows though hope my case helps to anyone seeking answers!
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