H1 transfer is in process, current VISA and I-94 expire in few days

[nvnkumaar]

Have valid I-797 - till - Jan 31,2016 ( going to expire in 16 days )
Valid I-94 - till -Feb 10, 2016 ( going to expire in 26 days )
Applied for extension in --- Sept 2015
Applied for premium in -- Nov, 2015
RFE issued-- Dec, 2015

My employer going to answer in this month around 25th Jan 2016 (Have time till Feb 11, 2016 to answer RFE)


Questions,

Would I be "In status" after my visa and I-94 expire ? (Here still my petition is in process)
What would I do if my current petition denied after my I-94 expire ? . Should i leave country immediately or can i apply another petition for transfer ?

Kindly help me with your answers.

Thanks in Advance.

- Naveen

[raghvi]

Have valid I-797 - till - Jan 31,2016 ( going to expire in 16 days )
Valid I-94 - till -Feb 10, 2016 ( going to expire in 26 days )
Applied for extension in --- Sept 2015
Applied for premium in -- Nov, 2015
RFE issued-- Dec, 2015

My employer going to answer in this month around 25th Jan 2016 (Have time till Feb 11, 2016 to answer RFE)


Questions,

Would I be "In status" after my visa and I-94 expire ? (Here still my petition is in process)
What would I do if my current petition denied after my I-94 expire ? . Should i leave country immediately or can i apply another petition for transfer ?

Kindly help me with your answers.

Thanks in Advance.

- Naveen

As your extension was applied before I-94 expiry you would technically remain in period of authorized stay beyond I-94 expiry for upto 240 days from I-94 expiry, and you can work. But if the extension eventually gets denied you have to leave immediately and in subsequent DS-160 forms you do have to mention that you overstayed your period of authorized stay.

You can also upgrade to premium while responding to the RFE.

This is my opinion not legal advice.

[nvnkumaar]

As your extension was applied before I-94 expiry you would technically remain in period of authorized stay beyond I-94 expiry for upto 240 days from I-94 expiry, and you can work. But if the extension eventually gets denied you have to leave immediately and in subsequent DS-160 forms you do have to mention that you overstayed your period of authorized stay.

You can also upgrade to premium while responding to the RFE.

This is my opinion not legal advice.

Thanks much raghvi for your valuabale response.