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H1-B transfer close to i-94 expiry

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  • H1-B transfer close to i-94 expiry

    Hello All,

    My h1b visa is getting expired on Feb 4th 2018. Both i-797 and i-94 expiry dates are Feb 4th 2018. I got another offer and LCA has been initiated for it.

    below are my questions:

    1) If the new company(B) apply for transfer on Jan 22 and it get approved by Feb 12th -(got approval after i94 expiry). I join the new company by 26th Feb after serving notice period, will I be in out of status for the period Feb 5th to 25th if my current company(A) withdraw my extension after my resignation.

    2) What would be the right time to join the new company to make sure I would not be out of status ?

    3) Company A definitely going to revoke the extension after my resignation, will it be there any issues in future- while green card processing , as I worked for Company(A)
    without approved H1, because of revoked petition. Is payslip from Company(A) enough for USCIS to prove I was in Job during the period Feb 5th to 25th ?


  • #2
    Reply: H1-B transfer close to i-94 expiry

    Hello Neena,

    Seems like you will be out of status during that time (not sure if those days can be counted under grace period, why take the risk ?).
    I think the best approach for you is to wait until the H1 Transfer to your new employer is approved, i.e. Feb 12th according to your dates, and then resign your old job.
    Assuming that your new Employer would be patient enough to wait ( just a week more as i see it).