H1B visa transfer. Current visa about to expire.

[Bittersweet.arpan]

Q: I am on H1B visa in my current company until Sept 30, 2013 (I-94 expired Setp 30, 2013). I got a new job and New employer is applying for new H1B with intended employment start date as Oct 1, 2013. The new company is filing my H1B transfer in premium processing application on Sept 5th 2013. If I get I-797 after Sept 30th instead of Sept 30, 2013 and my old employer does not file extension for my current visa what would my status be?

Also,

1. Am I allowed to stay in USA legally from Oct 1st till I get the approval of the transfer?
2. Am I allowed to work with new employer under portability of getting the transfer before the receipt of approval?
3. Do I need to get the extension filed for my expiring visa with the current employer?

Please advise.

[Nattybone]

Hello,

While i am not a professional, what i can tell you is, in the lieu of a valid pending petition, one can stay in the U.S. beyond the I94 date.

Try to find more on this from various forums, i am not a professional.

Hope this helps.

Cheers,

Q: I am on H1B visa in my current company until Sept 30, 2013 (I-94 expired Setp 30, 2013). I got a new job and New employer is applying for new H1B with intended employment start date as Oct 1, 2013. The new company is filing my H1B transfer in premium processing application on Sept 5th 2013. If I get I-797 after Sept 30th instead of Sept 30, 2013 and my old employer does not file extension for my current visa what would my status be?

Also,

1. Am I allowed to stay in USA legally from Oct 1st till I get the approval of the transfer?
2. Am I allowed to work with new employer under portability of getting the transfer before the receipt of approval?
3. Do I need to get the extension filed for my expiring visa with the current employer?

Please advise.

[Bittersweet.arpan]

Thanks Nattybone. Appreciate your response. It would be very helpful if someone with a professional insight to my situation could reply to my post.

Many Thanks.

[speedracer]

Q: I am on H1B visa in my current company until Sept 30, 2013 (I-94 expired Setp 30, 2013). I got a new job and New employer is applying for new H1B with intended employment start date as Oct 1, 2013. The new company is filing my H1B transfer in premium processing application on Sept 5th 2013. If I get I-797 after Sept 30th instead of Sept 30, 2013 and my old employer does not file extension for my current visa what would my status be?

Also,

1. Am I allowed to stay in USA legally from Oct 1st till I get the approval of the transfer?
2. Am I allowed to work with new employer under portability of getting the transfer before the receipt of approval?
3. Do I need to get the extension filed for my expiring visa with the current employer?

Please advise.

USCIS is obliged legally to make a decision within 15 working days if a petition is filed under premium processing. I have a feeling you wont have to worry since you will get an approval before Sept 30th.
My friend filed for a H1B extension under premium and it was approved in 2 weeks.

-Speed