h1 transfer/extension is pending while I-94 got expired

[pp21]

Hi All,

H1 Transfer & Extension applied on - 3rd Oct 2011.

H1 Current Status - RFE. USCIS has given time till March 2012 to reply RFE. My employer is collection documents and planning to answer RFE by Jan/Feb 2012.

I-94 (from my previous approved petition) got expired on - 16th Dec 2011

VISA on passport - expired previous year because I got previous petition while in US and after that have not gone out of US.

I have changed my Job and my current H1 transfer/extension is process with RFE status and my i-94 got expired.

1) Currently, Am I in legal status to stay in US?
2) What documents , should i carry to prove my legal status?

Thanks in advance,
PP

[shervin143]

If the petition gets approved with a new I-94, then you are legal. If the petition gets declined or gets approved without a new I-94, then your stay in U.S past the I-94 expiry date is considered as illegal stay. It is not advisable to wait until Feb/March to reply to the RFE. Not sure why it will take that long to get the documents ready. If you accumulate more illegal stay, then it can cause issues in the future. Better to submit the required documents asap and upgrade the case to premium.

[h1problems]

H1B transfer while extension is pending with RFE

Guys,

We filed for my H1B extension (current Company A) and received a RFE (I don't yet for what we received it).

I got another very good offer from very well know and big company (Company B) and they want to do H1B transfer to their company and current I-94 is valid till another week from now.

Company A will respond to RFE, while this extenstion is pending, can company B apply H1B (transfer).

I am in the situation with million, billions, trillions tons of testion and pain in the neck.

Kindly share your ideas and guide me.

Thanks

[shervin143]

There is no way company B can file your H1B transfer before your current I-94 expires. The LCA itself could take 10 days. Your only option is to file the H1B transrer as a bridging petition. Search and read the posts on bridging. Company A's petition SHOULD get approved for a successful transfer in case of a bridging petition. If Company A's petition gets declined and Company B's petition gets approved, then you have to leave the ocuntry and re-enter in Company B's petition to secure a new I-94 at the POE since the bridge broke because of the denial.