No status updates on my H1B transfer from USCIS from 6 months. what should i do?

[h1btranfer_user]

I was on Comp A. H1B was expired.
Comp B transferred my H1B ( got a receipt number, and with that i'm working for a client )
USCIS is not updated the status of my H1B transfer for almost 6 months.

I heard from someone that if there are no updates from USCIS for 6 months - we should apply for a status update to H4.

Could someone please let me know if it is true ? what can i do in this situation.

In the mean time, if i got any offer from Comp C, how can i proceed.? As i don't have a approved VISA. my H1B with comp A is expired, and trasfer from Comp B is not approved yet.


Appreciate your help in this regards.

Thanks

[shervin143]

I was on Comp A. H1B was expired.
Comp B transferred my H1B ( got a receipt number, and with that i'm working for a client )
>>> Was the transfer filed after your I-94 expired?

USCIS is not updated the status of my H1B transfer for almost 6 months.
>>> Your attorney should take an info pass appointment with USCIS to discuss your case immediately. They should have done that immediately after 90 days from the receipt date.

I heard from someone that if there are no updates from USCIS for 6 months - we should apply for a status update to H4. Could someone please let me know if it is true ? what can i do in this situation.
>>> COS to H4 is not possible since your I-94 has expired. Even if you file a COS baaed on the pending H1B pettion, it will be treated as a bridge petition. Meaning, unless the h1B gets approved with a new I-94, COS to H4 will not get approved. So there is no point in filing a COS to H4. If you want to get to H4, your only option is to leave the country, get the H4 visa stamped and return back in H4 visa. However, getting the H4 visa stamped will also be a problem since you stayed in the country for 6 months without a valid I-94. Your only option is to try and get the H1B approved with an I-94. Ask your attorney to contact

In the mean time, if i got any offer from Comp C, how can i proceed.?
>>> It won't help. Company C will need to file the transfer as a bridge petition. Unless company B's petition gets approved, Company C's petition will not get approved since your I-94 has expired. Your key here is to get the H1B petition filed by Company B approved. If not, your stay in U.S post your last I-94 expiry date will be treated as illegal stay.

[h1btranfer_user]

I was on Comp A. H1B was expired.
Comp B transferred my H1B ( got a receipt number, and with that i'm working for a client )
>>> Was the transfer filed after your I-94 expired?

=== NO. IT WAS NOT EXPIRED.

USCIS is not updated the status of my H1B transfer for almost 6 months.
>>> Your attorney should take an info pass appointment with USCIS to discuss your case immediately. They should have done that immediately after 90 days from the receipt date.

=== THANK YOU, I WILL CHECK WITH THEM IF THEY HAVE DONE.

I heard from someone that if there are no updates from USCIS for 6 months - we should apply for a status update to H4. Could someone please let me know if it is true ? what can i do in this situation.
>>> COS to H4 is not possible since your I-94 has expired. Even if you file a COS baaed on the pending H1B pettion, it will be treated as a bridge petition. Meaning, unless the h1B gets approved with a new I-94, COS to H4 will not get approved. So there is no point in filing a COS to H4. If you want to get to H4, your only option is to leave the country, get the H4 visa stamped and return back in H4 visa. However, getting the H4 visa stamped will also be a problem since you stayed in the country for 6 months without a valid I-94. Your only option is to try and get the H1B approved with an I-94. Ask your attorney to contact

=== CAN I CONTINUE WITH THE CLIENT TILL USCIS UPDATES STATUS ON MY CASE ? OR SHOULD I GO OUT OF US AND COME WITH H4 AND THEN APPLY FOR COS? IS THERE ANY RISK IN THE FUTURE?
WHAT IS THE RIGHT THING TO DO NOW? PLEASE SUGGEST WITH THE OPTIONS. APPRECIATE YOUR FEEDBACK.

In the mean time, if i got any offer from Comp C, how can i proceed.?
>>> It won't help. Company C will need to file the transfer as a bridge petition. Unless company B's petition gets approved, Company C's petition will not get approved since your I-94 has expired. Your key here is to get the H1B petition filed by Company B approved. If not, your stay in U.S post your last I-94 expiry date will be treated as illegal stay.

[shervin143]

It is a risky situation. If you leave the country now, then the transfer will get denied (meaning, even if the petition gets approved, it won't come with a new I-94 since you left the country). In such case, your stay in U.S post the last I-94 expiry date will be treated as illegal stay and it can cause issues with future petitions and visa stamping. Your only option at this time is to try and get the H1B approved asap. Talk to your employer / company attorney or even consult a good immigration lawyer to follow up on your case with USCIS. Since your transfer from Company A to B was filed prior to your I-94 expiry date, if all other documents are in order, your transfer should get approved. You should have followed you immediately after 90 days instead of waiting for 6 months. Follow-up with USCIS and find out what really happened. That is the only best option at this time.

I was on Comp A. H1B was expired.
Comp B transferred my H1B ( got a receipt number, and with that i'm working for a client )
>>> Was the transfer filed after your I-94 expired?

=== NO. IT WAS NOT EXPIRED.

USCIS is not updated the status of my H1B transfer for almost 6 months.
>>> Your attorney should take an info pass appointment with USCIS to discuss your case immediately. They should have done that immediately after 90 days from the receipt date.

=== THANK YOU, I WILL CHECK WITH THEM IF THEY HAVE DONE.

I heard from someone that if there are no updates from USCIS for 6 months - we should apply for a status update to H4. Could someone please let me know if it is true ? what can i do in this situation.
>>> COS to H4 is not possible since your I-94 has expired. Even if you file a COS baaed on the pending H1B pettion, it will be treated as a bridge petition. Meaning, unless the h1B gets approved with a new I-94, COS to H4 will not get approved. So there is no point in filing a COS to H4. If you want to get to H4, your only option is to leave the country, get the H4 visa stamped and return back in H4 visa. However, getting the H4 visa stamped will also be a problem since you stayed in the country for 6 months without a valid I-94. Your only option is to try and get the H1B approved with an I-94. Ask your attorney to contact

=== CAN I CONTINUE WITH THE CLIENT TILL USCIS UPDATES STATUS ON MY CASE ? OR SHOULD I GO OUT OF US AND COME WITH H4 AND THEN APPLY FOR COS? IS THERE ANY RISK IN THE FUTURE?
WHAT IS THE RIGHT THING TO DO NOW? PLEASE SUGGEST WITH THE OPTIONS. APPRECIATE YOUR FEEDBACK.

In the mean time, if i got any offer from Comp C, how can i proceed.?
>>> It won't help. Company C will need to file the transfer as a bridge petition. Unless company B's petition gets approved, Company C's petition will not get approved since your I-94 has expired. Your key here is to get the H1B petition filed by Company B approved. If not, your stay in U.S post your last I-94 expiry date will be treated as illegal stay.