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H1 transfer before I-94 expiry

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  • H1 transfer before I-94 expiry

    Hi,
    My H1 visa expired on June 30, 2020 but my I-94 is valid till July 10, 2020. My employer filed for my H1 extension in the end of May 2020 under regular processing. Meanwhile I got a new opportunity and the new employer filed the H1 transfer on June 30, 2020 and the received date was on July 2, 2020. Now that I have the receipt number for my H1 transfer, I gave my notice to my current employer today so that I can join the new job on Monday (July 13). My last working day with the current employer would be July 10, 2020. Will there be a problem to my visa status if my current employer withdraws the H1 extension after my last working day (as they normally do the withdrawal the next day)? I understand that there is a problem if my H1 transfer is rejected but otherwise is there any other problem you see?

  • #2
    You can continue to stay and work as long as H1 is pending (for your case). This means, upon receipt by the USCIS, you continue to remain in status
    Additionally since your new employer filed the H1 paperwork and you have a receipt from the USCIS starting July 02, you are good to go.
    H1 revocation by the previous employer does not impact you.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Thanks R78 . Actually the I-94 date of July 10 was the one mentioned in my I-797 and my H1 transfer has a receipt date of July 02. So is that I-94 date on I-797 still considered?

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      • #4
        I already answered your question in my previous response.
        Opinion only. Cannot be construed as legal advice.

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