H1B transfer while on extension / I-94 expiry - Please help

[surajen]

Hello ,

I have a question on my scenario below, regarding switching company .Any help would be appreciated.

Currently working in Company A - I have my visa and current petition valid till Dec 18 2016. I have my extension receipt number with current company (extension filed on Aug 23 in normal mode) . With current trend it might take another 4/5 months to get a decision on this.

Company B - Is willing to do a H1B visa transfer for me, but waiting for the board approval.

Question

Is there any restrictions stating Company B has to file extension before I-94 expiry ?
In worst case if they file the H1B transfer after I-94 expiry , is it safe ? Or any implications ?
Will my transfer request would be valid if COMPANY A withdraws or extension get denied/RFE ?


Any help is deeply appreciated.

Thanks

[raghvi]

Hello ,

I have a question on my scenario below, regarding switching company .Any help would be appreciated.

Currently working in Company A - I have my visa and current petition valid till Dec 18 2016. I have my extension receipt number with current company (extension filed on Aug 23 in normal mode) . With current trend it might take another 4/5 months to get a decision on this.

Company B - Is willing to do a H1B visa transfer for me, but waiting for the board approval.

Question

Is there any restrictions stating Company B has to file extension before I-94 expiry ?
In worst case if they file the H1B transfer after I-94 expiry , is it safe ? Or any implications ?
Will my transfer request would be valid if COMPANY A withdraws or extension get denied/RFE ?


Any help is deeply appreciated.

Thanks

If they dont file it before current petition/I-94 expiry then it will result in either a consular process approved petition or an RFE.


This is my opinion not legal advice.