H1-B Extension and Transfer after I94 expired

[feelrinks]

Hello All

I need some Advice regarding Extension of H1-B visa and then Transfer at the same time

My Company A has filed for my H1-B extension on July 25, 2012 (regular Processing) and its still in Initial Review Stage, however my I-94 expired on September 17, 2012. I have got new offer from company B on December 11 and they are ready to file my H1-B transfer on premium processing. Therefore I need advice in this regard.

1. Is it legal for company B filling my H1-B transfer before my extension from company A is approved?
2. What if company B files for H1-B transfer and it gets approved before my extension which was filed through company A? Is it legal to join company B ? Would I be out of status for the period from September 18 to the time I join Company B?

Please advice in such situation

Thanks

[raghvi]

Hello All

I need some Advice regarding Extension of H1-B visa and then Transfer at the same time

My Company A has filed for my H1-B extension on July 25, 2012 (regular Processing) and its still in Initial Review Stage, however my I-94 expired on September 17, 2012. I have got new offer from company B on December 11 and they are ready to file my H1-B transfer on premium processing. Therefore I need advice in this regard.

1. Is it legal for company B filling my H1-B transfer before my extension from company A is approved?
2. What if company B files for H1-B transfer and it gets approved before my extension which was filed through company A? Is it legal to join company B ? Would I be out of status for the period from September 18 to the time I join Company B?

Please advice in such situation

Thanks

Technically, without getting H1 extension approved for employer A you cannot get H1 transferred to company B. It will most likely go into RFE stage with USCIS asking proof of extension approval for valid stay between September 18th till the transfer request.

This is my opinion not legal advice.

[feelrinks]

Is it possible to file for H1-B transfer along with the receipt for extension? Are H1-B extension and H1-B transfer are related?