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Urgent Help : H1-B transfer when H1-B extension in progress

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  • Urgent Help : H1-B transfer when H1-B extension in progress

    Hi Guys,

    I apologize if this is repeated query.

    I am employed with Company A with H1-B valid till 20 June 2010 and i am joining company B which is filing for my H1-B transfer under premium processing.

    My I-94 is valid till 20 June 2010.

    I need to join company B by 7 June 2010. Will there be any issue with my status? I have already researched on many internet forums and found mix responses. Some of them say if my current employer cancels extension then my stay in US will be illegal.

    Can some please clear the confusion? because there might be some period where my I-94 is expired and my H1-B transfer application is in process.

    I will appreciate quick response as I need to decide everything by tomorrow.


  • #2
    Once an H1B transfer is filed, you can legally work for the new employer upon receiving the filing receipt number (You will receive a new I-94 upon a successful transfer). The problem arises only if the transfer is denied. In that case, the date on which your i-94 expired to the date until which you remain in U.S will be considered illegal. But you have almost a month. Since your new employer is filing the transfer in premium process, you should get the decision within 15 days. So ask your new employer to file the transfer immediately. I don't think your old employer will revoke your H1B as it is already nearing it's expiration date (There is some cost involved in revoking an approved petition).
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thanks a lot Shervin