I have been working for Company A for about 3 years and my employer had filed an extension which got denied recently.
My first H1 and I-94 have already expired. Before getting a denial, I got a transfer initiated by another employer B and currently that is filed in premium.
I talked to a couple of immigration attorneys and they told me that I am legally allowed to stay in the country since I have filed a transfer before getting a denial for my extension petition.
But if I get a denial even for the H1 B transfer through employer B, what will be my options?
Can I get an admit in a University and convert to F1?
If I go back to India, will I be able to come back again with a new petition and be exempted from lottery?
- If I change my Visa to F1, will I be still cap exempted for future H1 petition?
Please help me with the situation
H1B Transfer approval after i94 expiry- Consular processing
Since your i94 has already expired, your H1B transfer will be approved (if approved) with CONSULAR processing.
This means that you will have to go outside US and get a new H1B visa stamp there and re-enter USA.
Your approval notice will NOT carry your new i94.
1. Admission to university and convert to F1 after H1B transfer Denial
Yes, you can get admission to any university and convert to F1.
2. Go back to India and Come back again without H1B lottery
If you go back to India, you can come back anytime once you have valid H1B approval.
You will be exempted from lottery for up-to 6 years of your H1B in total.
3. Change Visa to F1, you will still be cap exempted for future H1 petition
Yes, even after changing to F1, you will be cap exempted until you can fully use your H1B 6 year quota.
Let me know if you need more information.