H1B transfer approval after I94 expiry when filed before expiry

My current H1B visa and I94 are expiring on 12/28/2019.
My current employer (Employer A) has already filed an H1B extension petition through normal processing.

Now I have got an offer from a new employer (Employer B). Employer B wants to file a H1B transfer petition in premium processing before my I94 expiry date and also wants me to join employer B before my I94 expiry date.

I understand this is done to avoid bridge petition. My query is can I wait for my H1B transfer petition from Employer B to be approved and then join employer B.

If I get my H1B transfer petition approval after my I94 expiry date, in that case, do I have to move out of US and then return back to US with a valid stamped visa or can I start working for employer B.

Hi @AnandRangaraj

If your new employer is filing the transfer as ‘extension of status’, which most probably he is, then you don’t need to go out of US for stamping even when it gets approved after i94 expiry.

Basically, you will get a new i94 with transfer approval and that’s enough.

Hi Anil,

I am in same boat.

Let’s say Current Employer as EMP A and EMP B as new employer.

i94 is Valid until Jan 10, 2020
EMP A filed for Extension on Nov 27, 2019
EMP B wants to hire me and they are yet to start LCA Process

Q.1) If EMP B file for H1b Transfer and Extension before Jan 10, 2020 (Let’s say Jan 09, 2020) would it be considered as bridge Petition after i94 expiry or It will not considered as bridge because it was filed when i94 was still valid?

Q.2) If EMP B File for H1b Transfer and Extension before Jan 10, 2020 and I join them on receipt notice, would extension filed with EMP A will impact transfer and extension process filed with EMP B?

Thanks,
Vivek

Hi @vivek_gupta1

Any transfer filed before i94 expiry is fine. Bridge only comes into picture if your file transfer after i94 expiry.

Thanks Anil for clarifying

Hi,

Good Day…! Can you please clarify the below scenario. I work for company A and had I94 validity until the last week of June. Company B which is supposed to be my new employer filed H1 transfer in the month of April, which is currently pending with USCIS. Unfortunately, the position for which visa transfer was filed was cancelled. Hence I’m continuing working with A with extension petition. Recently I got another opportunity thru Company B. Now company B is filing an amendment/extension based on the new opportunity and then going to withdraw the old transfer petition. Since my I94 is expired and old petition is going to be withdrawn. Will I be out of status any of the above scenarios.

Thanks
Sri

Hi,

i’m working for company A- they have filed my extension in normal processing few days back.

Company B- H1b transfer was filed few months back in Premium before my I-94 expire but i got RFE. Now i doubt they will be able to get transfer completed before my I-94 expire.

i will join company B after H1b transfer approval only.

Will there be impact on H1b transfer if Company B revert RFE after I-94 expiry OR will i get some impact in future?