H1B Transfer while Current H1B Extension in-progress & I94 expiry

[Ravik2k]

Hi -
My H1B extension is in-progress with my current employer. The current visa and I94 has expired and my extension was filed few days before expiry.

Meanwhile, I got a new offer from another employer. Can the new employer file for my H1B transfer while my extension is in progress with expired VISA / I94? Is this a risk for my record ?

Regards,

[raghvi]

Hi -
My H1B extension is in-progress with my current employer. The current visa and I94 has expired and my extension was filed few days before expiry.

Meanwhile, I got a new offer from another employer. Can the new employer file for my H1B transfer while my extension is in progress with expired VISA / I94? Is this a risk for my record ?

Regards,
Saravanan

As your I-94 has expired the H1 for next employer would have to be filed as a bridge petition. That means unless current extension is approved, the next employer's petition would not get approved. Advisable not to join next employer without first getting your extension petition approved, and next then next employer's petition approved. To speed up things, upgrade extension petition of current employer to premium.

This is my opinion not legal advice.

[Ravik2k]

Thanks

As your I-94 has expired the H1 for next employer would have to be filed as a bridge petition. That means unless current extension is approved, the next employer's petition would not get approved. Advisable not to join next employer without first getting your extension petition approved, and next then next employer's petition approved. To speed up things, upgrade extension petition of current employer to premium.

This is my opinion not legal advice.

Thanks Raghvi.