Approved H1b transfer with Employer B with pending extension with Employer A

[Karthiksambandan]

Hi All,

Please suggest me with inputs.
My visa expired on 02/22/2021. and also my I94 expired with 10 days grace period. But my extension is applied on 10/30/2020 prior to visa expiration date and I94 expiration date, with I9 verification that completed which is allowing to work on 240 days grace period with Employer A
I am looking for job change.
And a scenario if in case i get an offer with Employer B, and apply for H1b transfer and get approved in 2 weeks time on premium basis like let us say on 03/18/2021 with Employer B.
My queries are as below

1) Am I good legally to work with Employer B with approved H1b transfer new petition in this situation.
2) And also will that include approved new I94 along with this approved transfer in the petition document with Employer B .And is there any issue to do with I94 that expired with Employer A.
3) Or I shall become out of status in this situation as my I94 with employer A is expired even though I willing to join Employer B on approved H1b transfer.

Regards,
Karthik

[Karthiksambandan]

Hi All,

Please suggest me with inputs.
My visa expired on 02/22/2021. and also my I94 expired with 10 days grace period. But my extension is applied on 10/30/2020 prior to visa expiration date and I94 expiration date, with I9 verification that completed which is allowing to work on 240 days grace period with Employer A
I am looking for job change.
And a scenario if in case i get an offer with Employer B, and apply for H1b transfer and get approved in 2 weeks time on premium basis like let us say on 03/18/2021 with Employer B.
My queries are as below

1) Am I good legally to work with Employer B with approved H1b transfer new petition in this situation.
2) And also will that include approved new I94 along with this approved transfer in the petition document with Employer B .And is there any issue to do with I94 that expired with Employer A.
3) Or I shall become out of status in this situation as my I94 with employer A is expired even though I willing to join Employer B on approved H1b transfer.

Regards,
Karthik

Hi Anybody please provide an update on the same

[rkk09]

Hi,
1) Am I good legally to work with Employer B with approved H1b transfer new petition in this situation.
Answer: You will need to wait for your Approval and see what kind of Approval you get. If you get Approval with I-94 then you can continue with your H1B Transfer Employer.. But, there is High possibilities of getting Approved with Consular Processing as your I-94 already got Expired.. In this case, you will need to leave country immediately and get Visa stamp then you can join with New Employer..
2) And also will that include approved new I94 along with this approved transfer in the petition document with Employer B .And is there any issue to do with I94 that expired with Employer A.
Answer: Please see my above mentioned Answer.
3) Or I shall become out of status in this situation as my I94 with employer A is expired even though I willing to join Employer B on approved H1b transfer.
Answer: If you be with your current Employer then you can stay in US with the help of H1B Ext Receipt notice. If you want to transfer H1B to any other Employer, based upon Approval you will need to take action.
Thanks

[Karthiksambandan]

Hi,
1) Am I good legally to work with Employer B with approved H1b transfer new petition in this situation.
Answer: You will need to wait for your Approval and see what kind of Approval you get. If you get Approval with I-94 then you can continue with your H1B Transfer Employer.. But, there is High possibilities of getting Approved with Consular Processing as your I-94 already got Expired.. In this case, you will need to leave country immediately and get Visa stamp then you can join with New Employer..
2) And also will that include approved new I94 along with this approved transfer in the petition document with Employer B .And is there any issue to do with I94 that expired with Employer A.
Answer: Please see my above mentioned Answer.
3) Or I shall become out of status in this situation as my I94 with employer A is expired even though I willing to join Employer B on approved H1b transfer.
Answer: If you be with your current Employer then you can stay in US with the help of H1B Ext Receipt notice. If you want to transfer H1B to any other Employer, based upon Approval you will need to take action.
Thanks

Thanks rkk09 for your input