Is it possible to transfer H1B to a new employer after 240 days passed on existing h1b extension petition with current employer.
If yes, does this 240 days rule applied to that (meaning will it continue from previous petition) if not then as soon as new employer files transfer can i start working for new employer or i have to wait till i get the approval?
Yes, you can apply for H1B transfer while you are waiting for your h1b-extension result and 240 days have already passed.
You can start working on H1B transfer receipt after your i94 has expired.
For this H1B transfer application to be approved, your H1B extension application should be approved first, unless you apply for H1B transfer (with consular processing).
If this H1B transfer is approved, it will be approved with consular processing since your i94 has already expired.
if you start working with H1B transfer employer on receipt, you will need to go out and wait for your transfer approval in case H1B extension is denied before transfer result.
Be careful while you are in USA
If H1B transfer is approved first and then later, your H1B extension either gets RFE or is denied without RFE, your current H1B transfer stands a chance to get RFE or denied even if it was approved earlier!
Thanks Anil,
I am little confused here, so as soon as USCIS will receive the new transfer petition, isn’t the old petition becomes void and lets say old petition gets denied but as long as USCIS receives the new petition before old one is adjudicated, does it really matter becoz my understanding is the new one would be considered latest or in other words bridging application because it was filed before existing is adjucated.
Also, when the USCIS officer will pick up old petition file do you think there is a way he would be aware that there is a new petition also came in and pending for same beneficiary and might adjudicated both together or you think both can be adjudicated at diff times by diff officers.
The reason i ask this because my old petition is already pending for over a year now and also already got an RFE as well and attorney responded to that as well but we still waiting on that and now i cant file the new petition for transfer in premium because USCIS has stopped taking premium transfers.
Also, if my new employer request for new petition of transfer with consular process then does it matter if old petition gets denied or no ?
No, old H1B petition does not get VOID automatically when you file a new one.
The whole thing revolves around your i94 validity since you are inside USA.
The bridging concept comes into picture when you want to keep moving or extending your stay within USA i.e. without going out.
In your case, your i94 has already expired. So, your H1B extension result will be tied to your H1B transfer application as a bridge.
The new H1B transfer application is considered latest if you still have your i94 valid and unexpired.
USCIS does use computers and they do have database of who is applying and how many times.
They certainly have access to all the resources to check how many times have you applied for H1B extension and transfers.
The link I have shared above is a real life case. If you do not want to believe it, it is your choice.
Yes, in case of consular processing, the old one will not matter as once you leave your current employer, they will file for H1B extension’s withdrawal anyway.
You will have to go out of USA and re-enter to get new i94.
Read the case study if you are interested:
Hi Anil,
So finally my employer received a response from USCIS saying that petition is on hold due to security checks.
What does it mean and what USCIS does in security check so for e.x - if they find anything against my employer does that mean it is going to impact me as well and any idea how long it can take as my petition is already delayed for over a year now and also how it will impact my transfer petition.
Hi @Amit_Pulani
Have you already filed H1B transfer or not?
Which petition is in ‘Security Check’ process? Is it your H1B extension or H1B transfer to new employer?
I can only answer if I have clarity on what is the exact question about H1B transfer.
It is a black hole and no information is shared by USCIS on it. Security check is most probably for you and not your employer.
One question to ask yourself: Is everyone in your company facing the security check for their H1B application? If not, then it is for your name and you.
If everyone is facing the same issue, then the employer’s credential may be questioned.
Hi Anil, I apologize i should have provided more details,
so my initial H1b extension is stuck in security check and there is no status for H1B transfer except that USCIS received the application and we got the acknowledgement receipt but because this was filed in normal processing (because USCIS is not taking transfers in premium as if now ) we don’t know how long this will take.
I did ask my employer that if he is facing any issue with his other petitions and seems like he does but he didnt give a very clear answer on that now i have few questions based on this thing -
Now that we don’t know how long this security clearance will take and my 240 days after i94 expiry ended on June 1 2018 and i have stopped working since then.
I have been told it is okay to stay in US (Not working) while i wait for decision pending H1B extension petition.
However I’m very close to 6 months now (180 days) and for any reason let say this H1B extension gets denied after Nov (180 days) then my unlawful presence will go back and start from June 1 2018 and by law if i am in US unlawfully more then 180 days i am barred to reenter for 3 years.
This is a big concern for me, Please let me know if this is applicable in my case and what you suggest.
based on my previous point my new employer already filed for transfer under normal processing after 240 days on initial H1B extension and received the receipt so does this renew the 240 days and now my status is H1B pending?
and can i start working for this new employer and what would happen if initial h1b extension gets denied. does it mean that if new petition will get approved it will be with consular processing (which I’m okay with).
also if let say H1B extension gets denied and im still waiting on H1B transfer petition, can i continue to work for new employer till i get a decision on new h1b transfer petition so or and i have to leave and wait outside US for it to get adjudicated.
The unlawful presence will start from the day USCIS denies your application.
I have already explained the H1B transfer and work and bridging concept above to answer your 2nd question. Please read it above again.
You can keep working for H1B transferred employer until the petition is actually denied.
Thanks Anil so i received the H1B extension approval today for my existing employer A but it is only approved till DEC 31 2018 however transfer petition with my new employer B is still pending so -
My existing employer A doesn’t need to file for extension (As it is expiring soon) i guess because my new employer B already initiated the transfer, is that correct?
Also transfer for employer B went into normal processing so what would happen if in case there is decline to transfer petition after DEC 31/2018?
Also my new employer B (Im little confused here) transfer petition is purely transfer only ?? and if approved it will also be valid till dec 31st 2018 only or it is transfer + Extension and it will be approved for longer period of time as they are seeking 3 years of extension on my new employer B petition?
Congratulations on your H1B extension approval. This is very good news for you as you have been sailing through troubled waters all this time 
Now, you have the new i94 and it is valid till Dec 2018. This makes the H1B bridge intact for you and takes the H1B extension out of picture.
It depends on what action you take. Have you already joined employer B with H1B transfer receipt?
If Yes, then H1B transfer denial after Dec 2018 will just put a stop on your H1B and you will have to leave US.
If you have not yet joined employer B, then you need to file H1B extension again to keep working for employer A after Dec 2018. Any H1B transfer denial in this case will not affect you. You can keep working for Employer A.
Does that answer your question?
Anil,
Sorry for delay here. My existing employer A just emailed me the I797B and as it is only approved till dec 31 2018 and my employer is saying it is approved with consular processing so i am not sure why it is approved with consular processing when this was filed before the expiry of existing 194. Here is the exact wording on this i797B **" The above petition has been approved for the classification requested. It has been determined that the named worker is not eligible for the requested extension of status. You will receive a separate notice explaining the reasons for this determination. Since the worker has been found ineligible for an extension of stay, we have sent notification to the consulate shown above. If you have any questions about visa issuance, Please contact the consulate directly"****… Now my new employer already filed the transfer and we are waiting for the result of that however i have not started working for new employer B yet so does this mean i have to leave the country and get the stamping done and come back or im okay to stay here in US as transfer is already filed and wait for the decision on transfer. If i have to leave then vancouver consulate available date is about 3-4 weeks away and can they pose a question and say only one more month is left so why should they approve this ? or can i say that i have already filed for transfer with another employer? I’m confused now?? Please advise.
Ohh…sorry to hear that.
I cannot comment on why USCIS approved it with consular processing as I don’t know your i94 dates and when you filed H1B extension.
You will have to go out of US for stamping. You cannot rely on H1B transfer.
Also, the chances are very HIGH now that your H1B transfer will also get consular processing, if approved.
US embassy visa officer can ask any question regarding your H1B. Just be truthful and you should be okay.
My I94 was expired on first week of OCT 2017 and h1b extension was filed in 3rd week of sep 2017, thats why im not sure why it was approved with consular processing when it was filed before existing i94 expiry.
I am worried that officer at consulate may question that only 1 more month is remaining so may not approve it, is that possible ? i assume this is not a very common situation.
It is a common situation. Don’t worry.
People get stamping even for less than a month.
Okay Thanks.
I do also have my H1B transfer petition pending so if i exit the country and dont bother about this existing employer petition and just wait for the new employer transfer and extension to get approved, is this something i can do . could there be any issues if i do that. Also my employer received explanation from USCIS saying that there was a material change in employment so Amendment was required which my employer didnt file, is this something which can impact my new employer petition in any ways or no ?
Can i also work for my new employer from canada remotely (I have canadian PR) while i wait for transfer petition to complete and get paid in US account? would that be an issue?
When you are outside USA, H1B is NOT even in picture. You can do whatever you want from outside USA based on that country’s law.
Your employer has to manage the employment details as your would NOT be on H1B and hence they will have to manage their accounts on how to pay you salary.
All H1B applications are independent. Their approval chances depend on the paperwork you and your employer submit.
Remember, once you go out of USA, you cannot enter back unless you have a valid H1B stamp in your passport.
Thanks Anil,
I met with an independent attorney today and he suggested that i should leave the country immediately and can go to canada as i am permanent resident of canada and he also suggested that i should just skip this existing employer petition which is only approved for 2 months only and wait for transfer petition to get approved and then come back with that only as this will be a much cleaner process . Thoughts ???
Yes, that’s what I also have suggested.
At this time, since your extension was approved with consular processing, you should have already LEFT USA.
You are currently ‘Out of status’ with no valid i94 in your hand.
Your H1B transfer will reach a result on its own.
In-fact, you can get your stamping done now if you want but then again, you will have to go out of USA again after your H1B transfer is approved as it will also need consular processing.
Thanks and agreed to all what you said and appreciate all your help. Decision on my application only came on OCT 30 and only when my attorney received the mail i think few days after that we knew that it came with consular processing and i’m planning to leave this weekend so having said that you think taking around 7-10 days after the desicain could be a problem in future?
7-10 days is fine and USCIS understand this too.
But, on paper, out-of-status starts from the day USCIS took the decision.