I-94 expired, change of Employer to third employer after joining second on receipt

h1b-transfer
(Veera) #1

Hi Anil,

I was working for Employer A and my I-797 is valid until May012019 and I-94 is expired on May102019.
Employer A didn’t filed an extension and Employer B filed H1B transfer on May082019 in regular processing and received the receipt and USCIS received date is May102019.
Please clarify on the following questions.

  1. Can Employer C file the transfer as I got a full time opportunity after my I-94 expired and before the Employer B H1B transfer decision comes ?
  2. If Employer C files transfer and asks me to join on the receipt ? Is it allowed ?
  3. are there any chances approval on Employer C H1B transfer without consular H1 ?

Thanks,
Bob

(Anil Gupta) #2

Employer C can file H1B transfer but joining them on receipt is extremely risky.

Your employer B should have filed your application in premium. That way, you can get approval and then file employer C H1B transfer also in premium.

The chances of employer C h1b approval without employer B’s approval are low. If approved, C’s application will be approved with consular processing as i94 has already expired.