H1 transfer

[krishna83]

Hi

I need help. Here is my situation. I am on H1 B and I 94 expires September 30 2009. I am with Employer A who had filed for extension and was denied August 10 2009. Now we are planning to transfer H1 to employer B. We will do that by the end of this month with premium processing.

When can we start working for Employer B? If for some reason we get RFE and we dont get approval by Sept 30, should we leave the country or should we stay as long as case is pending?

If the transfer is denied on lets say October 10, if we have stayed all the time in US, would the days after Sept 30 be illegal and if i am working for Employer B, would I be accruing illegal employment?

Please this is urgent. Help is appreciated.

[txh1b]

You can begin working for new employer as soon as USCIS gets your transfer petition. If it gets denied, you would accumulate illegal presence from the date of the I-94 expiration. There is another school of thoght that it does not begin until the date of denial which I don't agree with.