H1 Transfer while extension is in process--I94 stil valid

[kattu786]

Hi Experts,

My wife is working with Company A and has a I94 till Aug 10 2013.Her company has filed for ext in regular processing and we have got receipt # .Mean while my wife is looking out for jobs too.Assuming if she gets a job with company B I have following queries -

1) If company B files her H1( in premium) before I-94 expiry and approval comes before extn approval, can she join B or she would have to wait for extension with A to get approved (from the forums I got the info that she can join, just wanted to clarify) ?

2) Continuation to Q1 , what if the extension gets denied after H1 approval with B.Is she good to work with B.

3) If H1B gets denied with B can she continue working with A till the extension and after extn approval

4) If company B files her H1( in premium) after I-94 expiry (bridge) and approval comes before extn approval, can she join B or she would have to wait for extension with A to get approved ?

5) Can there be any scenario where there could be a problem.

[kabkaba]

Hi Experts,

My wife is working with Company A and has a I94 till Aug 10 2013.Her company has filed for ext in regular processing and we have got receipt # .Mean while my wife is looking out for jobs too.Assuming if she gets a job with company B I have following queries -

1) If company B files her H1( in premium) before I-94 expiry and approval comes before extn approval, can she join B or she would have to wait for extension with A to get approved (from the forums I got the info that she can join, just wanted to clarify) ? --Yes, she can join B.

2) Continuation to Q1 , what if the extension gets denied after H1 approval with B.Is she good to work with B. -- Yes, in fact she must join B.

3) If H1B gets denied with B can she continue working with A till the extension and after extn approval -- Yes

4) If company B files her H1( in premium) after I-94 expiry (bridge) and approval comes before extn approval, can she join B or she would have to wait for extension with A to get approved ? -- There is no bridging if B's petition is filed before her current I-94 expires. It only applies if her I-94 has expired and extension is pending when B files the petition.

5) Can there be any scenario where there could be a problem.

See above

[kattu786]

See above

Hi Kabkaba, Thanks for the replies.

One confirmation on point # 4 , if bridging applies : -

1) Will be it safe to join B after the H1 petition with B is approved or she should wait for the extn to get approved also.

2) What if she joins B after the H1 petition with B is approved and after that extn is denied or is withdrawn.Can she continue to work with B or she has to go for the stamping.

[kabkaba]

Hi Kabkaba, Thanks for the replies.

One confirmation on point # 4 , if bridging applies : -

1) Will be it safe to join B after the H1 petition with B is approved or she should wait for the extn to get approved also. --Approval of B's petition is sufficient if her I-94 is valid and B's petition is approved with an I-94.

2) What if she joins B after the H1 petition with B is approved and after that extn is denied or is withdrawn.Can she continue to work with B or she has to go for the stamping. -- As long as the I-94 attached to B's petition approval notice is valid, A's petition does not matter.

See above. Bridging has nothing to do with you if B's petition is filed before her current I-94 expires.