H1 extension

[aprilraj]

My current h1 and i-94 expiring on 1/22/2010.
I applied for a h1 transfer on 1/20/2010
still waiting on the receipt number.

Is my stay in us is legal now

raj

[shervin143]

It is legal if the extension gets approved. If the extension is denied, then your stay past the I-94 expiry will be considered illegal.

[aprilraj]

by any chance if it got RFE then can i still transfer the h1 to my old company?
and also if it is denied

[praveen2008]

i happened to ask the same question to an immigration lawyer. per her

quote"

Your stay would not be illegal even after rejection , plus one the case is rejected you can appeal within 30 days, even if you don't appeal you can go back to india in a reasonable time and the stay will not be counted illegal"

[shervin143]

This is not true. Search the forum for similar posts from other senior members. Yes, you can appeal on your rejection. Ultimately if your extension gets aprroved, then you are all good, because it comes with a new I-94. I-94 is the one the determines your legal presence in the country. Your illegal stay is calculated based on your expiry date on the I-94 and the date on which you left the country. If your I-94 has expired in the past, then the date on which it expired to the date on which you left the country will be calculated as illegal presence. I suggest you talk to good immigration attroney.

i happened to ask the same question to an immigration lawyer. per her

quote"

Your stay would not be illegal even after rejection , plus one the case is rejected you can appeal within 30 days, even if you don't appeal you can go back to india in a reasonable time and the stay will not be counted illegal"

[shervin143]

In case of RFE, you can transfer your H1B to any other company. Search and read about Bridging in the forum (You need to show recent pay slips to prove that you maintained valid H1B status - In your case with Company B). You will have to go for premium processing in that case because the 2nd transfer should get approved before the 1st one gets rejected.

In case of rejection, transfer isn't possible since you are out of status/illegal.

by any chance if it got RFE then can i still transfer the h1 to my old company?
and also if it is denied

[aprilraj]

I already got the receipt number in this case because i already applied in Premium.
i am little confused here
my receipt number will keep me legal until i have a RFE or approval right. if i got a RFE then i can do transfer to other company with this receipt number?

[shervin143]

Yes. Like mentioned earlier, search for the term "Bridging" in the forum and read about it.

http://immihelp.com/forum/showthread.php?t=46198

I already got the receipt number in this case because i already applied in Premium.
i am little confused here
my receipt number will keep me legal until i have a RFE or approval right. if i got a RFE then i can do transfer to other company with this receipt number?

[praveen2008]

I talked with a very good immigration laywer from CA and i alson checked with my employer...


per them your stay in US is not illegal as long as the application is pending with USCIS. If its rejected you must go back but the addtional stay after I-94 expiry is not counted illegal...


Wit all due respect for you, can i ask you where did you learn that the stay is illegal?