I94 Exp - h1b maxed out and extension pending in california center

h1-b
h1b-transfer
h1b-extension

#1

Hey Anil or others,

H1B extension after 6 year quota completed pending

I am in h1b extension now (h1b maxed out, i94 expired, holding I140) filed at california center.
Its been 95+ days completed.

Client offering to convert to Full Time on H1B

Now my client is interested to take me as FTE (famous telecom giant) for whom working for last 3+ years as contractor, so far one amendment and extension successfully completed with same client.

Is it good idea to join my client just using H1b receipt?

(note if my client files h1b now , they have to go for regular only and filing h1b after expired).

My current company filed extension just week before the expiry of i94


(Anil Gupta) #2

H1B transfer for same end client job is NOT recommended

So, basically you are trying to file H1B transfer for the exact same job that you have already filed the H1B extension for?

If this is correct, then legally, you can do it but it is NOT recommended as USCIS recently recommended to ONLY file one H1B application for that one job.

Since, there is ONLY one job that exists and you are trying to file H1B through two different employers for it, your application may be denied.

So, be careful and talk to your client’s attorney before you attempt it. They know the tricks to mitigate this situation.

Join client on H1B transfer receipt

Since your i94 has expired, joining client on H1B receipt is high risk proposition since your H1B extension is now a bridge petition.

The H1B extension’s result can change your H1B transfer’s result too.


#3

You are right it is for the same job. client wants to save money by taking me as FTE. Thanks I will talk to clients attorney to discuss about it.

do you think my case might have moved from California to Nebraska?

is it safe to initiate a transfer upon knowing the result of current extension? (I am not sure when that happens, how long my client manager can wait and by that time PP opens or not)


(Anil Gupta) #4

File H1B transfer with client after extension approval

Yes, it is safe to initiate H1B transfer once H1B extension has been approved.

USCIS sends notice to employer if case moved to different service center

Your employer will get a notice if your H1B extension case has been moved from California to Nebraska.


#5

Thanks Anil.

My current employer increased the salary this time (in records - still it is below than what I am getting in reality) before it was low (in records).

do you think because of this reason, my case got stuck in California? previous visa extension (for same client) went to Nebraska


(Anil Gupta) #6

Salary change is not counted as ‘CHANGE’ for H1B visa extension.

USCIS does not publish the criteria for cases that they choose to move from one center to another.

Not all cases have been moved to Nebraska either. Whatever criteria you are hearing or guessing is just speculation.


#7

Thanks again. this forum is emotionally supporting us


(Anil Gupta) #8

You are welcome and all the best for your application.
USCIS is taking time these days and that’s how they work. Nobody can’t do anything about it.

Also, don’t worry too much. You are not alone in this waiting boat. Thousands of applicants are waiting endlessly.

It will be approved soon.


#9

Anil, my client team decided to wait and see how my extension goes before taking next step towards conversion.

Now, I have few other questions in my mind.

I being positive that my extension will go thru and mostly like I will go for FTE conversion, my only worry is my client will take minimum of year to start GC and with current trend I assume its tough to get my new I140 approved within next extension, which spins these questions,

  1. can my client continue to use my current employer’s I140 for visa extension purpose alone?
  2. my current employer’s I140 got approved almost 2 years back and I hope my current employer cant revoke it anymore. am i right?

(Anil Gupta) #10

Yes, you can use old employer i140 to keep doing H1B extensions.

Read more scenarios:


#11

Hey Anil, follow up on my case.

my h1b - i94 expired on aug 4 2018. extension filed on 8 1 2018 (so far 207 days over).

on feb 12 2018 USCIS made RFE on my case. still I am not sure what my employer’s lawyer received on that.

Now my main questions are, Do that 240 days cycle restarts or not?

if no, how many more days I can legally work? usually what timeframe we get to respond to RFE?

is it wise to reply ASAP or delaying as much as possible is better case?


(Anil Gupta) #12

240 day rule starts from i94 expiry

240 days count starts from i94 expiry and does not reset on RFE.

You can keep working beyond 240 days if your H1B was filed as amendment + extention.

RFE response in 60 days

USCIS gives 60 days to submit RFE response.

It is your choice if you want to take full time to respond or file as early as possible.

Chances of approval after RFE

Chances of H1B approval after RFE vary greatly by employer as seen in USCIS data.


#13

Thanks. Mine was simple extension from very small consulting employer. lets see how it goes. since it is only next 30 days I can work, i think better to insist my employer respond as quickly as possible.


(Anil Gupta) #14

You are eligible for upgrading your H1B application to premium. I suggest you to go for it.


#15

Thanks. sure. I am thinking about that.


#16

Anil - i did follow up with employer about RFE, he mentioned that RFE is about speciality occupation. he did receive something similar in recent past for other employees and had handled successfully. Now my main question is ‘specialty occupation’ common RFE in current trend?


(Anil Gupta) #17

Yes, we are seeing lot of speciality occupation RFEs these days.


#18

Hey Anil, Quick Question. My employer had a consultation with reputed immigration attorney on my RFE and 240 days threshold. Our attorney mentioned that 240 days is not applicable for me as it is not simple renewal . it is level change with revised salary so I can continue to work even beyond 240 days with my client. do you aware of this? throw some light on this please


(Anil Gupta) #19

I had already answered this earlier in our conversation that if your H1B application has been filed as “Amendment + Extension”, then you are allowed to work beyond 240 days.

Your attorney would have seen all your documents and would have then given an opinion.

I can only give my limited opinion based on what you have shared.

If the H1B I-129 form has the selection of “Amendment + extension”, then you are allowed. If not, then you cannot work beyond 240 days even though you can stay in US.


#20

Thanks. you are right. things are overwhelmed in my mind on these matters now.