Ask Experts Questions for FREE Help !
Ask
    subho007here's Avatar
    subho007here Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 23, 2014, 09:49 PM
    Doubts regarding H1B transfer and extesnion with valid I94
    I am mentioning my status as of date so that it will be helpful to understand the case studies and the questions mentioned below.

    H1B is expiring on march 18th,2014.

    My current employer has filed an extension in regular mode on 18th Oct,2014. Still it is in Initial Review. But it can be approved anytime and it is already passed the normal processing time(2-3 months).

    In the meantime I got a job from another employer and they have started processing my Change Of Employer petition but it is currently on hold and waiting for my extension to be approved. I do not think it is right decision and that is why I am asking help from you.



    I was reading through few immigration law forums and I got few points like, if the change of employer case has been filed to USCIS before I94 Expiry, then both the extension(if it is pending) and H1B transfer will run independently.And if the transfer will get approved then it will come with an extended I94. Am I right?

    But if the change of employer case will be filed after I94 expiry, then there will be a bridge situation where change of employer will be approved only after extension has been approved. Is it correct?



    So is it possible that my new employer will file my case in Premium mode before my I94 Expiry. They are in the process of reviewing my documents and there is a high chance that it will be filed and approved before my I94 expiry(18th March,2014) and it will come with an extended I94. Then I will give resignation to my current employer and they will revoke the case of my H1B extension. Will that can create any effect on my H1B change of employer petition?
    And what is when the change of employer is in progress and the extension will get denied?
    If the change of employer petition will get approved, will that come with extended I94? Or I have to depend on H1B extension? If I have to depend on H1B extension then if my current employer will revoke the case then what will happen?


    Please let me know as soon as possible. As I am in deep confusion and this change of employer is very much needed for my career and my family.


    Thanks a lot in advance for you help and cooperation in this matter.

Check out some similar questions!

L1b Expires but I94 valid [ 3 Answers ]

I am in L1b Visa stamped till March 26 2011 My I94 is stamped till 2013. When I applied for visa extension, my company told that I can continue to work till 2013 and I will be provided with a new I 129 valid till 2013. Is this a legal approach? Is the new I129 that they are referring to,...

H1b visa expires but I94 stamped on entry valid can I work? [ 1 Answers ]

I just realised that apart from my H1b expiration a few months from today, the I94 stamped on my entry to the US is valid for nearly 5 months after my H1B expires, can I still work to that date then renew the visa?

Two I94 forms with different dates ;which one is valid? [ 1 Answers ]

Hi, I wanted to know about legality of my and my husband's stay in usa. We have got two I94 forms with us. One when we returned from India on 1st dec 2008 and the other one which is mentioned on the petition of my husband's H1B extension till 08/20/2011. Now all we want to know that as per...

Wrong date stamped in my I94 - can affect my H1B? [ 5 Answers ]

I am currently in a L1 visa working for Company A. My L1 expires in August 2008 but the immigration officer wrote August 2009 in the I94 form. Company B has applied a H1B visa for and I won't the last lottery. My lawyer now says that the mistake in the I94 would generate some issues with my H1B...


View more questions Search
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.