File H1b transfer and extension with same client

Hello good morning, my husband is working for Employer E1, Vendor V and Client C.

His employer E1 filed for H1B amendment for client location C in July 2019 in normal processing for which he got RFE in November, reason employer employee relationship and last week his employer responded to RFE.

Now his H1b visa and i94 both are expiring on Feb 20th. Only tomorrow his company is going to file extension. My questions are

  1. Is it ok to do the extension in premium processing as Amendment is still pending.

  2. Upgrade Amendment to premium and do the extension in normal processing. Once after getting the RFE response for Amendment then upgrade the extension to premium.

  3. Also his Client C is ready to do the transfer and hire him as full time employee.
    Can extension with the current Employer E1 and transfer with the Client C can be done at the same time, will there be any problem as his i94 will expire in a week, or we need to wait until the current extension gets approved.

Employer E1 have all the documents, client letter, vendor letter, SOW everything is proper.

Will there be any problem in getting the extension approved. We are really scared and worried. Pls need you advise and help in this regard. Thanks in advance.

It is better to first get result for pending amendment to maintain the chain.

File H1B transfer before i94 expiry.

You should be able to get approval if all the documents to prove Employer employee relationship are in place.

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@Anil_Gupta sir, thank you very for the prompt and immediate response. I don’t know whether the client will start the transfer before i94 expiry which is Feb 20th. So it is better to do the extension in normal processing for now? Later can we upgrade it to premium? Either Amendment or extension?
Also if the client starts the transfer after i94 expiry while still extension is pending will there be any problem? Sorry for asking many questions,we don’t have any proper guidance and I have been following truvisa and your answers and it was big relief to know that someone is there to help we need your advice. Really appreciate your time and help.

@Anil_Gupta sir, also last month my husband received an award from the client for best employee (Vendor) of the month. Will that help in getting the extension approval? By sending a letter or mentioning somewhere in the documents?

Hi @VN_84

Congratulations for the award but unfortunately, it won’t help with H1B in any way.

If it did help, every H1B would get the best employee award easily!

Please read the linked article for H1B transfer after i94 expiry.

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@Anil_Gupta Ya got it😃 Thanks for your reply.

I also have one more question. Only by tomorrow or end of this week my husband’s employer will be filing the petition for extension.

If we do in normal processing will he be eligible for 240 days rule as his i94 will expire on Feb 20th.

Also kindly need your advice whether to do extension in normal or premium processing as Amendment is still pending.

Hi @VN_84

Yes, you are eligible for 240 day work period if you file H1B extension before i94 expiry.

It is your choice to file in regular or premium. I always suggest premium if you have the budget.

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Thank you very much for your immediate response. Really appreciate all your time and help.

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@Anil_Gupta sorry I have one last question, since Amendment is still pending and if we do the extension in premium will there be any problem in getting approval
240 days applicable as soon as the employer files the petition or USCIS should receive and send the receipt before Feb 20th.

The USCIS receipt should be generated before the i94 expiry date.

Ok @Anil_Gupta thank you so much.