H1 extension with simultaneous transfer with same client - different position


(Checkonce_VJ) #1

Hello Mr Anil,

Here is my situation…

H1B extension filed at Nebraska in premium

My Current H1-i94 expiring on 03/31. My Current employer “A” submitted extension in Premium at Nebraska center. Expecting status by next weekend.

H1B transfer filed by client at Vermont - regular

Simultaneously I applied for Full time position with Same client but different project. I got selected and (Client) Emp “B” submitted my transfer on regular basis at Vermont center (submitted on 02/24).

Got receipt number and Emp “B” is asking me to join on receipt ( since I accepted initially that I will join on receipt back in Nov 2018) now my question is

  1. Lets say My extension approved next week, if I quit and join with Emp “B” on Apr 1st, in case if my Transfer dint go through, can I come back to Emp “A” as long as Emp A dint withdraw the H1?

  2. As my Emp “A” extension i-94 start date will be April 1st. Do I need to work on that i94 at least for few days? to come back to Emp “A” in worst case?

Based on that I can request the start date with my Emp “B”

Your help would be greatly appreciated.

Thanks…


(Anil Gupta) #2

My suggestion is to wait for Employer A’s extension result, get approval and new i94 and then it is a bit safe to join Employer B on receipt.

New i94 will give you good time if it is approved for next 3 years.

Join Employer A back after H1B Transfer denial

Your can come back to work for Employer A if Employer B’s H1B transfer is denied in future only if the employer A has not withdrawn the application at that time.


(Checkonce_VJ) #3

Thank you… for my second question.

  1. As my new I94 starts from Apr1st, Do I need to be with Emp “A” until it takes effect? I mean be with emp “A” for a Week which is Till Apr 7th, so that we can say we worked on new extension I94 for Week.

May be I am thinking too much… but always better to follow Expert’s suggestion… :slight_smile:


(Anil Gupta) #4

There is no start date for i94. It only has the end date.

You new i94 will supersede all previous i94s that you ever had once it is issued by USCIS.


(Checkonce_VJ) #5

During my last extension back in 2015. My h1 i94 expiry date was 3/31/2016.

I applied my extension on 11/2/2015. I got new extension i94 exactly one day after my old i94 expiry date.

which from Apr 1st 2016 to Mar 31st 2019. Which means my new I94 started on Apr1st 2016 right?

just trying to understand…


(Anil Gupta) #6

H1B extension approval and i94 are two different things.

You are mixing them both.

Imagine in your case if h1B extension or transfer was approved but no new i94 is issued.
What do you think will happen in this scenario?

In this case, you would have to go out of USA and re-enter to get a new i94 even though your H1B was approved starting Apr 1, 2016 but there was no i94.

i94 controls your legal stay in USA while H1B petition controls your work authorization.

In your current case, once your H1B extension is approved, you will be issued a new i94 immediately which will render all other previous i94’s invalid even though your h1B extension start date would be in future like April 1, 2019 or something.

Your new i94 will be valid starting the day it is issued and not the H1B extension start date.

Does it make sense?


(Checkonce_VJ) #7

Yes…
in my case always i got the I94 came along with I797 approval… thats why i was in that impression that, they will issues i94 by default during the extension/transfer approval (I797)…

By the way I forgot to ask… I submitted my transfer with I140 approved petition (not 140 - I797 notice of action) got through FOIA (my friends cases approved with that)… will there be any issue with that? have you seen anybody raised concerns with that?


(Anil Gupta) #8

No issues and in-fact it is good that you have used approved i140 for H1B transfer or extension.

That’s the right way of doing it if you are extending your H1B past 6 years quota.


(Checkonce_VJ) #9

Thank You…
it’s not approved i140 (i797 notice of action)… its I140 approved petition.
I mean I submitted transfer with i140 approved petition which I got through Freedom of Information Act, As I dont have the copy if i140 (797 notice of action)


(Anil Gupta) #10

That’s fine. No issues with i140 received from FOIA.


(Checkonce_VJ) #11

Great… thanks for all your support and patience…


(Checkonce_VJ) #12

my premium case approved… thanks


(Anil Gupta) #13

Congratulations and enjoy. Thanks for sharing.