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H1 Transfer with expired I-94

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  • H1 Transfer with expired I-94

    I am currently working with Company A and i have valid I-797 and Visa Stamped on Passport till Sep 2016, But my I-94 expired in Sep 2015 and my company A filed I-94 extension with USCIS and i have received receipt notice for I-94 extension. Now i want to switch to Company B.

    My Question is:-
    1. Can we do H1 transfer from Company A to Company B if we have valid I-797 and Visa stamped on the passport with expired I-94 with Company A, The I-94 extension is in progress and we only have Receipt Notice from USCIS.
    2. Are there any chances of rejection of H1 transfer to Company B.

    Appreciate Your Help.

    Thanks.

  • #2
    Possible, but risky. Company B's petition will get approved with a new I-94 only if Company A's petition gets approved. If company A withdraws their petition, then company B's petition will either be declined or will get approved for consular process. Search and read about bridging petitions.
    Not a legal advice. Use of this information is strictly at your own risk.

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