H1B transfer issue..deadline

[wvr]

Hi everyone,

I have an issue on my hands. My new company is going to file for H1 transfer. My I94 and I797 expire from my current employer expire on the 31st March. My current employer has not filed for my H1 renewal as my contract with them expires on the 31st. I recently found a new employer who is getting H1 papers ready and will send my documents by overnight mail on the 30th of March. In the event there is a problem with shipping and the documents reach the USCIS one or two days after my I94 expires (April 1 or 2), then what is my legal status? For me to be legally staying in the US, the documents should reach the USCIS latest by the 31st. Will the USCIS reject the transfer application and automatically file a new H1? In that case is my stay still illegal? I do not want to leave the country as my new employer wants me to start immediately and leaving the country may cause delays for visa stamping at the consulate. Is there a way I can stay beyond my I94 date?

[txh1b]

If the application does not reach them on or before the DOE of I-94, you are out of status and are not eligible for H1b portability or extension of stay. You cannot continue to stay in US in that case.

Go for a PP so that you know if USCIS approves the EOS with a I-94.

[wvr]

Thanks for the reply. Yes my new employer is applying in premium processing but my question is if there is a slight delay and the I94 deadline is crossed by a day or two when my application reaches, do I have to leave immediately and will my application be voided? Is there a provision for such a case? Will the application money be lost and application rejected? Thanks in advance for the reply.

[txh1b]

There is no provision for delayed filing past the I-94 date.

[tadi18]

USCIS will not consider H1 transfer application if it received petition after March 31st. However, due to premium processing your employer will probably be getting an email receipt confirmation soon. Check the "date recieved for petition" by USCIS. If it is past March 31st, you probably have a month to stay in US before which you have apply a new petition and get a receipt number. You can start working once you get the reciept number.

However, once approved you will mostly be getting a I797B by which USCIS require you to go out of country asap and reenter after stamping as you went out of status(Grace period).

[txh1b]

If it is past March 31st, you probably have a month to stay in US before which you have apply a new petition and get a receipt number. You can start working once you get the reciept number.
.

Wrong! AC21/H1b portability provisions do not apply if a timely transfer before current petition expiry is not filed.