H1b Expiration Date or I94 Expiration date for filing H1b transfer

Hi Anil,

My H1B is expiring on 02/28/2019 ( in 2 days) and my employer has already filed my extension with client letter etc, so that’s been taken care of. It’s a EVC model with one layer between end client and my employer, a small consulting firm with around 25 employees. I have an approved I140 and also a Masters Degree in Computers from the US, so hoping for the best.

However, I notice that my I94 expiry date is on 03/10/2019 , (its clearly mentioned in the approval notice that it is a 10 day grace period). A couple of direct clients and companies are interested in my profile, so can we still look into an option of H1 transfer without bridge petition option, based on my I94 expiry date ? If yes, I am presuming we should ensure that the H1B transfer application reaches USCIS on or before March 10th, 2019 right ? I realize I have very little time left , but wanted to see if this falls in the category of bridge petition or not, since I94 expiry is different from H1b expiry.

If not, what are the scenarios to consider for the bridge petition, and is it advisable ?

Thanks for the invaluable service you are rendering to the community, many are benefiting from your responses. Keep it up !

Thanks !

You can file your h1B transfer before 10th march to avoid the bridge petition. You are fine.

Thanks a lot for this Anil, much appreciated!
Should it reach USCIS on or before 10th March, or can it be mailed by 03/10 ? The LCA certification will take time I guess, even if started on 02/28 or 03/01 . Would they be ok with a day or two delay if so ?

The best option is to receive receipt number on or before March 10, 2019.

Hi Anil,

We went ahead and filed before 03/10/19 and amazingly we got 3 years approval within 10 days! However, I cannot join till next month due to their current situation and am still with my current employer, who has received an RFE now.
I need to delay response to the RFE, and hope to be on board with the new employer soon. How best can this be handled ? RFE was in premium, so a response will get a quick response, which I’m not keen on getting done now.

Secondly, H4-EAD was not filed with the new company, so we are filing now.

We have in our possession, 2 expired H4-EADs, one for Dec 2018 and one for Feb end 2019. I guess I should be submitting the Feb 2019 expired H4EAD copy, as that’s with my current employer , but just wanted to confirm with you.


No issues with joining new employer after 1 month.

Use the most recent H4 EAD details to file the renewal.

Hi Anil,

Please explain what do you mean by most recent ? My first H4EAd was for 3 years and expired Feb end 2019. The other one was issued last year and given for only 6weeks from last Nov to Dec 2018, based on another H1b offer and approval that I couldn’t join due to a late decision. That expired in Dec 2018. Should I go with the one that was issued 3 years ago and expired Feb 2019 ? Thanks

You can use the one that expired in Feb 2019.

1 Like

Hi Anil,

Seeking your advice again on the same thread.
I was supposed to join the new employer with whom I have a 3 year approval, by May end, but now it looks like it’s going to be delayed out more because they are still awaiting for confirmation from client.
In the meanwhile, my RFE response is due June 1st week with my current employer ( which I was hoping to delay and avoid altogether by switching companies) and I am being asked to submit necessary paperwork ASAP by my current employer. The RFE is for Speciality Occupation and we applied in premium, so should get a response soon, after we respond.

I want to understand what are the best options I can pursue and what will be the situation if the RFE is not approved from my current employer? I have an approved H1B till 03/2022, but not joining them yet or unable to. Can I continue to stay back in US ? If so, how long ? I wont be on anyone’s payroll. Or should we return to India, get the new stamping and come back ?


You won’t be able to stay in USA if you are not able to join new employer and start payroll in case of your current extension denial.

Thanks, would that be applicable from the very day we get to know (if a denial ? )
Or can I stay here for , say, 2-3 weeks and then join the new employer ?
How best can I approach this ?

You are immediately ‘Out of status’ from the day of denial. Rest is your choice as to how many ‘out of status’ days you want to add to your name.

Thanks, will heed this !