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H1 extension pending & H1 transfer

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  • H1 extension pending & H1 transfer

    My current situation:
    * Applied for H1B extension on April 22nd, 2008. Received USCIS receipt with notice date of May 2nd 2008. Due to backlog the current processing date at Vermount Centre for H1B extensions is Dec 2007. (Info from USCIS site)
    * My I94 & Visa expired on 25 May 2008.
    * I still have more than 3 years left on H1 status provided the renewal goes through.

    Problem Statement:
    1. I have filed this extension application through my current company A.
    2. I have an offer from company B who are ready to file for H1 transfer.

    Can I do an H1 transfer in this scenario?
    Do I have to wait for the extension to be approved (which might take another few months)?
    If company B applies for H1 transfer while the extension application filed by company A is still with USCIS, can I start work with company B? (assuming I succeed in convincing company A to not withdraw their extension application)

    Please advise. Any help in regards to above questions will be very much appreciated. Thanks.

  • #2
    My 2 cents..

    You can apply for a transfer while the extension with your current employer is pending. The risk is if the extension with Employer A is denied, the extension of status with Employer B H1 approval may also be denied. The H1 with Employer B, however, may be approved without the extension of status. In this case, you may have to depart the country and come back with a valid H1 visa and the new I-797 with Employer B H1.

    If the extension wirh employer A is approved, the bridging status is also approved and the employer B H1 comes with an approved extension.

    Experts please correct me here.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      I agree with DMX 100%. There was an official document on USCIS about this issue.

      When one applies for an extension after the I-94 expires, USCIS is not obligated to approve that petition if the prior one is denied for any reason as the person holds no status when this application was submitted due to his I-94 expiry.

      You are under a psuedo status after the I-94 expires. It is called period of "authorized stay approved by the Attorney General". This is NOT considered as a status by USCIS.

      Your plan of action to come out of this successfully should be:

      1. Get the H1b extension receipt from current employer.
      2. Apply for transfer to new employer under Premium Processing. This is very important as you need to have the result of the transfer before any action is taken on the extension petition. This can be done with old I-94, receipt of extension filed, new transfer application.
      3. Resign from current employer ONLY if extension of stay from employer B is approved and you get to see an attached I-94 at the bottom of the I797.
      4. Now whatever happens to the approval of current H1b extension does not matter after step 3 is successful.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        There you have it.

        Let us have your e-mail address and I will send you an invoice of the charges. Make payment to “Txh1b and DMX Associates”. The charge of $150 is nonnegotiable. Thanks immihelp for letting us use your premises.

        DMX
        From the non-corporate law firm of the year 2020.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          Thanks

          Thanks a lot.
          I will file for H1 transfer with company B under premium processing. Hopefully things will work out well.

          And yes if they do :-) I will send you your payment. Thanks anyways

          Comment


          • #6
            Originally posted by DF08
            And yes if they do :-) I will send you your payment. Thanks anyways
            Thanks! If you feel you got something worthy out of this site for free, you can feel free to donate whatever the worth you got out of it to an organization/charity of your choice instead.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment

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