H1-B transfer while extension is going on. I-94 already expired

[balliisha]

Hi,

I my H1-B visa and I94 got expired on 5th of Jan 2013. My current employer has applied for visa extension on 3rd of Jan and i have got the receipt no for the application. Now my project is getting over and my employer is asking me to travel to India by mid of March.
With this scenario i have below questions:
1) Can i travel to India while H1-B is in extension and come back to US after i get the approval through the same employer.
2) Is it possible to do a H1-B transfer to a different employer who is ready to give me an offer. If it can be done, what are the risks involved and are there any chance of the transfer getting rejected?
3) Also if in case i get a different project through my current employer itself, can i raise the amendment for client & location change before i get the extension approval notice or do i need to wait till i get my extension papers?

[raghvi]

Hi,

I my H1-B visa and I94 got expired on 5th of Jan 2013. My current employer has applied for visa extension on 3rd of Jan and i have got the receipt no for the application. Now my project is getting over and my employer is asking me to travel to India by mid of March.
With this scenario i have below questions:
1) Can i travel to India while H1-B is in extension and come back to US after i get the approval through the same employer.
2) Is it possible to do a H1-B transfer to a different employer who is ready to give me an offer. If it can be done, what are the risks involved and are there any chance of the transfer getting rejected?
3) Also if in case i get a different project through my current employer itself, can i raise the amendment for client & location change before i get the extension approval notice or do i need to wait till i get my extension papers?

I cant understand why you and your employer waited till 2 days before I-94 to file for extension.

1. If you travel extension request is considered abandoned and as it is since your H1 has expired if you want to return to US you have to get a fresh H1 stamping done.
2. Not possible while in US as I-94 has expired, unless extension is approved.
3. Get extension and then file for amendment.

This is my opinion not legal advice.