H1 transfer with expired I-94 ?

[rvisak]

Hi

My friend who is on a H1 had his I-94 expiration in the 1st week of March 2012. His current employer had filed his H1 extension prior to the expiration in regular processing.

Can a new employer file his H1 transfer now, even though his I-94 has expired ? Or can the transfer be filed only with a valid I-94 ?

[shervin143]

Search and read the posts on bridging. It is possible to file the transfer based on the pending H1B extension. However, if the extension gets denied or withdrawn by the current employer, then the transfer will not get approved with a new I-94, which will force your friend to leave the country and return back to get the I-94 at the POE. Also, anytime spend in U.S after the I-94 expiry date will be considered as illegal stay.

[rvisak]

Thanks Shervin...I wasn't aware that this comes under a bridging scenario, thought bridging is more applicable for L1-H1 kind of situations...anyway now that I know; will definitely read more on bridging posts and advice my friend to stay careful !

[shervin143]

Any petition filed after the I-94 expiry date based on another petition that is currently pending with USCIS falls under bridging.

Thanks Shervin...I wasn't aware that this comes under a bridging scenario, thought bridging is more applicable for L1-H1 kind of situations...anyway now that I know; will definitely read more on bridging posts and advice my friend to stay careful !