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Hello,
I am currently employed with Employer A. My H1B visa and I-94 are valid until Jan 31, 2013. My current employer (Employer A) has filed for an extension under regular processing and the case was filed with USCIS on Nov 2, 2012. Its currently under an "Initial Review" Status.
I am planning to join a new employer (Employer B) and I am really confused with the following questions in mind.
Case 1: H1B transfer filed before my I 94 expiration (Jan 31, 2013)
Assuming that my new employer (Employer B) files for H1B transfer under premium processing before my current I 94 expiration date (Jan 31, 2013) and I start working for Employer B based on the H1B transfer receipt but I get my transfer approval decision after my current I 94 expiration date. After Jan 31, 2013 will I start accumulating out of status until I get my H1B transfer petition approved?
As soon as I join Employer B, my current employer (Employer A) may revoke my pending H1B extension petition. Will this put me out of stay and affect the changes of getting my H1B transfer approved?
Case 1: H1B transfer filed after my I 94 expiration (Jan 31, 2013)
This may be a portability scenario. If Employer B files for my H1B transfer after my I 94 expires (while I wait for a decision to come on the extension petition filed by my current employer, employer A), following my resignation if employer A revokes my extension petition will it affect my chances of getting my H1B transfer approved? I ask this because technically the legality of my stay is based on the extension that has been filed by employer A and once thats revoked my stay becomes questionable and void?
This job change greatly affects my personal life as well and I have to make a decision based on fact ASAP. I really appreciate the responses and thanking you in advance.
I am currently employed with Employer A. My H1B visa and I-94 are valid until Jan 31, 2013. My current employer (Employer A) has filed for an extension under regular processing and the case was filed with USCIS on Nov 2, 2012. Its currently under an "Initial Review" Status.
I am planning to join a new employer (Employer B) and I am really confused with the following questions in mind.
Case 1: H1B transfer filed before my I 94 expiration (Jan 31, 2013)
Assuming that my new employer (Employer B) files for H1B transfer under premium processing before my current I 94 expiration date (Jan 31, 2013) and I start working for Employer B based on the H1B transfer receipt but I get my transfer approval decision after my current I 94 expiration date. After Jan 31, 2013 will I start accumulating out of status until I get my H1B transfer petition approved?
As soon as I join Employer B, my current employer (Employer A) may revoke my pending H1B extension petition. Will this put me out of stay and affect the changes of getting my H1B transfer approved?
Case 1: H1B transfer filed after my I 94 expiration (Jan 31, 2013)
This may be a portability scenario. If Employer B files for my H1B transfer after my I 94 expires (while I wait for a decision to come on the extension petition filed by my current employer, employer A), following my resignation if employer A revokes my extension petition will it affect my chances of getting my H1B transfer approved? I ask this because technically the legality of my stay is based on the extension that has been filed by employer A and once thats revoked my stay becomes questionable and void?
This job change greatly affects my personal life as well and I have to make a decision based on fact ASAP. I really appreciate the responses and thanking you in advance.
