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H1-B Transfer after I-94 expired

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  • H1-B Transfer after I-94 expired

    Hi All,
    Need your kind suggestion in the below case.

    I am currently with Company 'A' on H1-B and my current I-94 is expired on 2-Sep-11. Company 'A' applied for my H1-B Extension on 2-May-11 and received a RFE on 28-Jul-11 and replied to RFE on 28-Sep-11.

    Company 'B' applied for H1 transfer on 20-Sep-11 (18 days after I-94 expiry) as a bridge petition and got approval on 29-Sep-11 (premium).


    Question:

    1. Can I join Company-B now?
    2. If extension with Company A gets rejected, will it also invalidate already approved H1 Transfer for B?
    3. How many days I will be out of status? 18 days(I-94 expiry and h1 transfer filing)?
    4. In that case, can I go outside US and get a visa stamping for B to come back and work again?
    5. If answer for #4 is yes, will the visa stamping be affected by the out of status reason?
    6. Is there any alternate option available?

    Appreciate your help.

    Regards,
    KG

  • #2
    Originally posted by KaliprasadG View Post
    Hi All,
    Need your kind suggestion in the below case.

    I am currently with Company 'A' on H1-B and my current I-94 is expired on 2-Sep-11. Company 'A' applied for my H1-B Extension on 2-May-11 and received a RFE on 28-Jul-11 and replied to RFE on 28-Sep-11.

    Company 'B' applied for H1 transfer on 20-Sep-11 (18 days after I-94 expiry) as a bridge petition and got approval on 29-Sep-11 (premium).


    Question:

    1. Can I join Company-B now?
    If B's approval notice came with a new I-94, you can join them and forget about A.
    2. If extension with Company A gets rejected, will it also invalidate already approved H1 Transfer for B?
    No, the I-94 stands.
    3. How many days I will be out of status? 18 days(I-94 expiry and h1 transfer filing)?
    4. In that case, can I go outside US and get a visa stamping for B to come back and work again?
    5. If answer for #4 is yes, will the visa stamping be affected by the out of status reason?
    6. Is there any alternate option available?

    Appreciate your help.

    Regards,
    KG
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      I am sorry, but I was under an impression that, in a bridge petition all petitions in the chain needs to be approved individually.

      Will appreciate if you please check the below thread as well and point me the difference.

      http://www.immihelp.com/forum/showth...ghlight=bridge

      Comment


      • #4
        That is correct. In a bridge, all the petitions in the chain need to be approved. If the earlier petition is denied, then the bridge breaks even if you have received a new I-94 under premium processing on the 2nd petition. In such case, then best option to get back to status is to leave the country (surrender all I-94s when you leave) and return back with the approved petition and a H1B visa which will get you a new I-94 at the POE. If the 1st petition is approved, then you are all good.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks Shervin. Will appreciate if you can please help me by answering rest of my question.

          1. Can I join Company-B now?
          --Got an answer as yes.
          2. If extension with Company A gets rejected, will it also invalidate already approved H1 Transfer for B?
          --got answer as yes, it will invalidate.
          3. How many days I will be out of status? 18 days(I-94 expiry and h1 transfer filing)?
          4. In that case, can I go outside US and get a visa stamping for B to come back and work again?
          --Yes.
          5. If answer for #4 is yes, will the visa stamping be affected by the out of status reason?
          6. Is there any alternate option available?

          Comment


          • #6
            1. Can I join Company-B now?
            >>> Yes. If the bridge breaks (Employer A petition gets rejected), just leave the country and re-enter using employer B's petition.

            2. If extension with Company A gets rejected, will it also invalidate already approved H1 Transfer for B?
            >>> The petition remains valid. It is just the status that is an issue. Read the above answer on how to fix the status.

            3. How many days I will be out of status? 18 days(I-94 expiry and h1 transfer filing)?
            >>> From the date of employer A's I-94 expiry date.

            4. In that case, can I go outside US and get a visa stamping for B to come back and work again?
            >>> Yes. But if you already have a valid H1B visa from employer A, then you can use that.

            5. If answer for #4 is yes, will the visa stamping be affected by the out of status reason?
            >>> It is hard to predict. If the gap is less and you can clearly explain the VO (is asked), then you should be okay.

            6. Is there any alternate option available?
            >>> Only the option mentioned in Ans.1.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              That is correct. In a bridge, all the petitions in the chain need to be approved. If the earlier petition is denied, then the bridge breaks even if you have received a new I-94 under premium processing on the 2nd petition. In such case, then best option to get back to status is to leave the country (surrender all I-94s when you leave) and return back with the approved petition and a H1B visa which will get you a new I-94 at the POE. If the 1st petition is approved, then you are all good.
              I did not know this. My bad.
              This is my opinion and not legal advice.

              Comment


              • #8
                h1 extension after i94 expired

                hi
                i filed for h1 transfer and extension with company "B" before my i94 expired and i got denied letter after my i94 expired so i have question that can i apply for h1 extension with company "A"
                and after my i94 expired is there any grace period?

                Comment


                • #9
                  If your I-94 has already expired, then an extension of status or a change of status or transfer is not possible. You should leave the country immediately to avoid illegal stay. There is no such grace period.

                  Originally posted by jaguars070 View Post
                  hi
                  i filed for h1 transfer and extension with company "B" before my i94 expired and i got denied letter after my i94 expired so i have question that can i apply for h1 extension with company "A"
                  and after my i94 expired is there any grace period?
                  Not a legal advice. Use of this information is strictly at your own risk.

                  Comment


                  • #10
                    H1 Transfer after I-94 Expired

                    Originally posted by shervin143 View Post
                    If your I-94 has already expired, then an extension of status or a change of status or transfer is not possible. You should leave the country immediately to avoid illegal stay. There is no such grace period.
                    Hi Shervin,

                    In previous comments you said the transfer is OK with some conditions but here you are saying its out of status. Please clarify and confirm.

                    I am in the similar situation and in dilemma whether I should look out for a job or not. Also few employers told me that your visa transfer is not possible and you should wait for the Extn approval.

                    My H1 Visa expired on 18th Oct 2017 means last month.
                    Employer filed the Extn. in May 2017 which got RFE in Aug 2017 and been responded on 28th Oct 2017. It was regarding work order, my role, E-to-E relation etc. The status on USCIS is updated to RFE response received.
                    Now could you please suggest if I should get my Visa transfer if any employer is ready to do so and what are the consequences possible for me. This is just my 2nd year on H1 and no GC etc. file yet for me.
                    I am just thinking to change the job in case if my Extn. gets denied then no employer would transfer my Visa right?

                    I would appreciate your quick response.

                    Thanks !

                    Comment


                    • #11
                      I am in the similar situation and not sure whether I can change the job or not. Seems like current 'A' employer work is getting over by another 3 months and don't see any work after.

                      My H1 Visa expired on 28th June 2019 means last month.
                      Employer filed the Extn. on 15th June 2019 which is still in progress.
                      Please anyone suggest if I should get my Visa transfer if any employer is ready to do so and what are the consequences possible for me. This is just my 7th year on H1B and I have I-140 approval.
                      I am just thinking to change the job in case if my Extn. gets denied with employer 'A' then no employer would transfer my Visa right and have to go out of the country

                      I would really appreciate your quick response.

                      Thanks in advance.

                      Comment

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