H1B expired

[vas1979]

Hi ,
On october 18th 2011 current company h1b and visa expired.today they applied for extension ( our employer).

Here is some tricky situation.

I have some A company h1b until Sep 2012 .I went to India for my marriage and strucked with visa processing.Another B company transfered my h1b and sent papers to India and i got stamping through B company and came back to USA in June 2011 and they gave new I-94 with B company H1B.
Unfortunately B comapny lawyer did a mistake and forgot to send the h1b transfer application to INS.Today they sent ( after 2 days of expiration date).

My question is I have the A company H1b with Old I-94 but their h1b is still valid.( does not have new i-94 ). Shall I use this ( A company ) H1b ?

or Shall I use the A company H1B for transfer purpose to B company or to any other company?
Please advise me .Its a critical situation for me.Attorney messed up with negligience.

Thank you,
Srini.

[kabkaba]

You are not clear. Did B transfer or not? Did they send the extension today? When does your latest I-94 expire?

[shervin143]

How come you still have the I-94 of Company A? You should have returned it when you left U.S for stamping. Basic rule - return all I-94s when you leave the country.

You have mentioned that you entered U.S with Company B petition and started working for them. So you can forgot about Company A's petition. You cannot use Company A's petition to file a transfer since you no longer work for them. You need the latest pay slips from the company for whom you are currently working to execute a successful transfer. Company B should have filed the extension (I think you mistakenly typed transfer instead of extension) before the I-94 expiry date. Since company B filed the extension after your I-94 expiry date, the EOS is no longer possible. Even if the H1B gets approved, it will not come with a new I-94. You cannot work without a valid I-94. Also, you cannot file a transfer to any other company with an expired I-94. The transfer will get denied or will get approved without a new I-94. Anytime that you spend in U.S without a valid I-94 is considered as illegal stay and can cause issues with the future petitions and visa processing.

Considering your case, you should leave the country immediately to avoid accumulating illegal stay. When the H1B petition gets approved, return back on a valid H1B visa and the extended petition. The case can be upgraded to premium to get the result within 15 days.

Next time, type your question clearly. It was so hard to understand what you were trying to say in-between all these A company and B company.