Unique situation - H1-B transfer close to i-94 expiry

[ricchu14]

Hello All,

I'm in a very unique situation. my h1b visa is getting expired on jan 10th 2017. Both i-797 and i-94 expiry dates are jan 10th 2017. i'm currently on notice period (last working day is jan 6th 2017) for company A and have accepted a job offer from company B (joining date is jan 16th).

below are my questions:

1) company A has filed for H1-B extension in Aug 2016 under regular processing and it is still pending decision. since I have already resigned for company A, can I stay in the US after jan 10th 2017 under their extension petition?

2) Can company B upgrade company A extension petition to premium processing?

2) company B is processing H1-B transfer under premium processing. Currently they have filed for LCA on Dec 28th 2016 and still waiting for approval. due to holidays, i'm not sure how long will it take for LCA approval. if company B cannot submit H1-B petition before Jan 10th 2017, should i have leave the country or since LCA process is already started before my visa expiry, am I allowed to stay in the country legally?

what are best options. I'm very confused and worried. Pls advice.

Thanks in advance,
Ricchu

[SKDS160]

Hello All,

I'm in a very unique situation. my h1b visa is getting expired on jan 10th 2017. Both i-797 and i-94 expiry dates are jan 10th 2017. i'm currently on notice period (last working day is jan 6th 2017) for company A and have accepted a job offer from company B (joining date is jan 16th).

below are my questions:

1) company A has filed for H1-B extension in Aug 2016 under regular processing and it is still pending decision. since I have already resigned for company A, can I stay in the US after jan 10th 2017 under their extension petition?

2) Can company B upgrade company A extension petition to premium processing?

2) company B is processing H1-B transfer under premium processing. Currently they have filed for LCA on Dec 28th 2016 and still waiting for approval. due to holidays, i'm not sure how long will it take for LCA approval. if company B cannot submit H1-B petition before Jan 10th 2017, should i have leave the country or since LCA process is already started before my visa expiry, am I allowed to stay in the country legally?

what are best options. I'm very confused and worried. Pls advice.

Thanks in advance,
Ricchu

1. No. Since you won't be working for them after 6 Jan, your H1 extension petition is irrelevant unless you change your mind and continue working with them after that date. Employer A has to withdraw their petition if you resign.

2. No. Only Employer A can change it to premium. Again, why would they do that because you already resigned.

3. Filing a LCA doesn't allow you a legal stay. Your H1 transfer had to be approved or atleast filed with USCIS before your last day with Employer A.

You can either postpone your last day with Emp A which may give some time to Emp B to file your transfer OR you have to leave the country immediately after Jan 6 and after H1 transfer is approved you can get the visa stamped and travel back.

[ricchu14]

thank you so much for the response. my i-94 is actually valid until jan 20th 2017 but i-797 and visa are valid only until jan 10th 2017. couple of follow-up questions now.

1) eventhough my last day at company A is jan 6th 2017 and if company B gets receipt number for h1-b transfer petition before jan 20th 2017 (or before, say for ex, jan 14th), then a week or 2 of out of status is going to hurt approval chances? do they consider i-94 or i-797 expiry date?

2) assume company A withdraws extension petition by jan 9th, transfer petition is filed on jan 14th, then does this impact ?

thanks again,
ricchu

[SKDS160]

thank you so much for the response. my i-94 is actually valid until jan 20th 2017 but i-797 and visa are valid only until jan 10th 2017. couple of follow-up questions now.

1) eventhough my last day at company A is jan 6th 2017 and if company B gets receipt number for h1-b transfer petition before jan 20th 2017 (or before, say for ex, jan 14th), then a week or 2 of out of status is going to hurt approval chances? do they consider i-94 or i-797 expiry date?

2) assume company A withdraws extension petition by jan 9th, transfer petition is filed on jan 14th, then does this impact ?

thanks again,
ricchu

1. When B applies your H1 transfer they have to prove that you are maintaing H1 status when petition is filed to USCIS. Since you won't be paid during that time, you will be considered out of status. Your petition may still approve but for consular processing i.e. without an I-94.

2. See response for #1.

It is upto you whether or not you want to take a risk. It all depends on the officer who works on your petition. Your safe bet is to not stay here after you resign A or delay the resignation until B files the transfer.

[ricchu14]

Thank you so much sir.. you valuable feeback is really helping me.. i had 1 last question..

Considering everything goes thru fine with h1-b filing by company B on Jan 9th and company A relieves me by Jan 6th end of day.. since next working day is jan 9th.. ll i be considered out of status?

[SKDS160]

Thank you so much sir.. you valuable feeback is really helping me.. i had 1 last question..

Considering everything goes thru fine with h1-b filing by company B on Jan 9th and company A relieves me by Jan 6th end of day.. since next working day is jan 9th.. ll i be considered out of status?

Yes. Weekend shouldn't be an issue. Most companies let you start on Monday. Make sure you have health insurance during those days when you are out of A and yet to join B.

[ricchu14]

Yes. Weekend shouldn't be an issue. Most companies let you start on Monday. Make sure you have health insurance during those days when you are out of A and yet to join B.

Hello sir,

I negotiated with my current employer to extend my last working day. They said that they can keep me until new employer files petition transfer but they said that I won't be paid anything and I should take unpaid vacation. Will this have any issue?

Also since my i94 is expiring on jan 20th, if new employer files transfer petition before jan 20th then it won't be bridge petition right? And what if current employer withdraws extension petition before/after transfer petition decision.

Thank you so much again.

[sathishkpr]

H1B to L1A conversion while H1B extension In Progress

I too have a unique situation.

I was in USA with work visa (H1B) from June 2010 to December 2013.
I moved to India by December 2013 end and worked there for 2 years until January 2016 as a Project Manager. Returned back to USA by extending H1B through Cap Exempt and staying till date.
My Maxout Date is 17 September 2018 for H1B. My I94 (H1B) has expired by 24th March 2018, i applied for an extension of it for which i can get the date extended up to my maxout date.

Since I was in India for 2 years continuously my clock is reset (just came to know about the clock reset rule). I am planning to apply for H1B to L1 conversion to extend my stay in USA. Can I apply for conversion while H1B extension is In-Process ?

[scientist2016]

I too have a unique situation.

I was in USA with work visa (H1B) from June 2010 to December 2013.
I moved to India by December 2013 end and worked there for 2 years until January 2016 as a Project Manager. Returned back to USA by extending H1B through Cap Exempt and staying till date.
My Maxout Date is 17 September 2018 for H1B. My I94 (H1B) has expired by 24th March 2018, i applied for an extension of it for which i can get the date extended up to my maxout date.

Since I was in India for 2 years continuously my clock is reset (just came to know about the clock reset rule). I am planning to apply for H1B to L1 conversion to extend my stay in USA. Can I apply for conversion while H1B extension is In-Process ?

Using cap exemption resulted in not resetting your clock. Your clock would have been reset, if you hadn't used cap exemption and went through with a fresh H1.