I94 expired 180 days + valid I797 + NPT filed

Hi Anil,

I have my I94 expired for around 240 days till now due to the short cut of the passport expiration date. Lawyers found this issue when my wife and I are trying to file I-485. We filed H1b EOS NPT on Dec 20th with PP, and get updated on Dec 30th 2021, but the status is showing as Notice Explaining USCIS Actions Was Mailed which is mostly likely to be a deny/NOID.

Lawyers from the current company probably would update the notice/decisions next week, and we would appeal the result if it’s a NOID I guess. But in the meantime, I am wondering whether I can file an H1b transfer with NPT from other companies? Or even with multiple other companies?

Any suggestions?

Thanks!

Change of employer aka transfer petition cant be filed with an expired I-94. Another employer may file a cap-exempt H1B however if approved it will be with consular processing as your I-94 has already expired.

Hello I am in the same boat. My H1 expired 300 days ago. My employer filed a h1b amendment with NPT.

Received an approval email from uscis with i94 number on it. However, my approval notice does not have i94 on it and my extension of status is denied. What are my options now

Wondering if you consulted your employer’s immigration lawyer and what did they suggest?

If I-797 was received without I-94 attached, it means you need to go for consular processing. You need to stop working immediately, exit the country and go for H1B visa stamping using your newly approved H1B I-797.

Do you mean that I can ask another company file an H1b transfer for me, but due to I-94 for has expired, high chance I will get an approved one with consular processing?

Another employer can only apply for ‘change of employer’ (which is also called transfer) petition while you are actively working for your current employer and while your I-94 is still valid.

You must stop working immediately if you already received the NOID and follow the advice from your immigration lawyer.

Even if you are able to find a new employer, they will need to file a new H1B (not a transfer petition) under cap-exempt and if approved, it will be approved without I-94 which means you will need to travel outside the US and get a visa stamp before you are start working for the new employer.

Hi Kalpesh,

I get my notice today, the case if an RFE case. There are two items:

  1. Valid passport (I submitted the H1b EOS with NPT with my old passport, I guess that’s the reason why they are asking for the new one.)
  2. Did not provide Consular Post, Port-of-Entry, or Pre-Flight Inspection.

My attorneys said that normally we do not need to provide the information for the second case, but since it’s in the RFE, does that mean there would be high chance that this even it’s approved, it will be with I797b? Any suggestions/experience?

RFE is better than NOID :slight_smile: , congrats!

You must provide all information they are asking and yes the chance is that they might approve it with consular processing as it has been more than 180 days your I-94 expired so in worst case you will need to travel to India, get stamped and come back.

Thanks Kalpesh, does that mean actually nothing was approved in this case, I need to re-file H1b EOS with NPT to get a valid I-94?

Why would you refile, you said you filed with NPT already and in response you have received an RFE so just provide the requested information from USCIS and wait for the decision.

You should direct any further questions to your immigration lawyer as they know better about your cases than anyone else on this or other forums.