H1B Transfer and I-94 questions

Hi Anil, I left my company A in Sept’2019 and joined a consulting company B on receipt (I know that’s bad) and received RFE on the transfer.

My petition with company A was valid till 31st Dec’2019. I-94 on my passport was valid till Dec’ 2018 but since we filed extension last year, so got the new I-94 with H1b approval that’s valid till 31st Dec’2019.

I’m still waiting for company B to respond to the RFE. Here are my few questions:

a) I don’t see company A has withdrawn my H1B petition yet as my petition with them still shows the status as Approved when I check on USCIS website. I know by law they need to withdraw my H1B, but if withdrawn, would this void my I-94 that’s associated with the H1B and is currently valid till Dec’2019?

b) If I eventually get a denial on the transfer that is submitted by company B, let’s say by end of November end. What’s the recommended option? Should I leave US right on that day/next day I see the denial on the website?

c) If Company B submits a new H1B application the next day after denial with the same EVC model and with the same client, Can I stay in the US lawfully and wait for it to get approved or should I move back to India and wait for approval and come back with stamping? Moving back might be tricky and not easy as the consulting comp doesn’t have any India offices and may jeopardize my job.

I really need opinions here and the best way to remain legal and not impact my future in the states. Appreciate all your help.

Thanks

Hi @vgslc
I94 will stay valid.

I have covered other questions here in this H1b transfer bridge risks article.

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Thanks Anil for the response. However I’m still unsure on my question c) asked. Can you please help?

You cannot stay in US if you get a denial after your i94 has expired. You will be required to go out of US and wait for result outside.

In this case, my i94 would not have expired. Expiry date for i94 is 31st dec 2019 based on previous company’s i797. Can Emp-B file a new petition after denial having me stay in the US?

Hi @vgslc

To stay in US, you would need to maintain valid H1B status and that status can only be maintained if you go back to work for your old employer’s H1B.

If you cannot go back to old employer, my suggestion is to leave US as you will be considered out of status otherwise.

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That makes sense. Thanks for the suggestion, will wait and see how the RFE goes, hopefully everything sorts out and don’t have to worry about all this.

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