H1b transfer filed before Visa expiry, can I join New company after Visa expiry.

[raj6464]

Hi
My current H1b visa expiring on 27 Sep 2015 with Company A. (extension filed)
New H1b transfer PP with Company B will be filed on 21 Sep 2015.
I need to start working company B only after approval.
Can I join company B after 27 Sep 2015 anytime?

Thanks for your help!!!

[shervin143]

You can join Company B after receiving the receipt notice for the transfer. However, it is not advisable to join them based o the receipt notice because if their petition gets denied, then you will be in trouble.

[raj6464]

You can join Company B after receiving the receipt notice for the transfer. However, it is not advisable to join them based o the receipt notice because if their petition gets denied, then you will be in trouble.

Thanks Shrevin for prompt response.
Do you mean receipt as approval? I'm also planning to join Company B only after h1b approval.
But my specific question is, my approval will come after 27 Sep 2015 , which is current visa expiry date.
So will I be out of status form 27 Sep 27 2015 till date till join company B?

[shervin143]

No. You are allowed to join company B even before the approval comes based on their receipt notice (USCIS will send a receipt notice once the petition was transfer is accepted). But that is not advisable. If you are planning to join them only after the approval, then that is good. You will not be considered to be out of status since your current employer already filed your extension and also your transfer will be filed before your current I-94 expiry date, so you are all good.

Thanks Shrevin for prompt response.
Do you mean receipt as approval? I'm also planning to join Company B only after h1b approval.
But my specific question is, my approval will come after 27 Sep 2015 , which is current visa expiry date.
So will I be out of status form 27 Sep 27 2015 till date till join company B?

[raj6464]

No. You are allowed to join company B even before the approval comes based on their receipt notice (USCIS will send a receipt notice once the petition was transfer is accepted). But that is not advisable. If you are planning to join them only after the approval, then that is good. You will not be considered to be out of status since your current employer already filed your extension and also your transfer will be filed before your current I-94 expiry date, so you are all good.

Thank you. Appreciate it !

[ralph4321]

H1B Transfer Query

I have H1B visa with Company A with I-94 getting Expired on 30 Sept 2015. Company A has applied for extension on 1 July 2015 and I have Receipt Notice for it. I don't think that will get approved soon in normal process.

I have got offer from Company B and they will file my H1B Transfer, but i am not sure if they will file before or after 30 Sept 2015. I see from below reply if they file before 30 Sept 2015, I should be okay and will not get out of Status. Confirm?

What if Company B files H1B Transfer on 10 OCT 2015 ( Premium)? Will i be considered out of status for 10 days? What are implications and what should i do in that case?

Does getting out of status also depend on my Company A extension getting approved or called off by Company A? Will it help if I Change extension by Company A to premium and have both Company A Extension and Company B Transfer approved simultaneously?

Thanks
Ralph

[shervin143]

I have H1B visa with Company A with I-94 getting Expired on 30 Sept 2015. Company A has applied for extension on 1 July 2015 and I have Receipt Notice for it. I don't think that will get approved soon in normal process.

I have got offer from Company B and they will file my H1B Transfer, but i am not sure if they will file before or after 30 Sept 2015. I see from below reply if they file before 30 Sept 2015, I should be okay and will not get out of Status. Confirm?

What if Company B files H1B Transfer on 10 OCT 2015 ( Premium)? Will i be considered out of status for 10 days? What are implications and what should i do in that case?
>>> You won't be considered to be out of status since your extension was filed before your I-94 expiry date. However, your transfer will be a bridge petition. In that case, unless Company A's extension gets approved, your transfer with Company B will not get approved. Do not join Company B until their petition gets approved with a new I-94. Search and read about bridging.

Does getting out of status also depend on my Company A extension getting approved or called off by Company A?
>>> Yes.

Will it help if I Change extension by Company A to premium and have both Company A Extension and Company B Transfer approved simultaneously?
>>> Yes.