Thanks for really helping people…
Scared of H1B extension denial
Asking behalf of friend who applied H1b extension from current employer and is still pending at Uscis.
Due to apprehensive about denial as current trends, she wants to move to another employer whose H1b petition is approved and not joined …is valid till 2020…as her current I 94 is going to expire in this month,
Can I move to H1B transfer employer while H1B extension is pending?
Is it ok to move to new company before i94 expires and start payroll at new company? Is there any effect of 2020 valid petition if current extension denied in coming months in worst case…?
Move to H1B transfer employer while H1B extension is pending
Yes, you can move to New employer as the H1B transfer is already approved.
Effect on pending H1B extension after moving to H1B transfer employer
There is no effect on H1B extension and no issue with new employer either if you move before i94 expires.
The old employer will just withdraw the pending extension application when you leave them.
If she stays with current employer only, will I 94 expiry cause any illegal status when extension decision comes after I 94 expiry?
I.e is it ok to stay in USA after I 94 expires, waiting for pending extension decision?
What Happens to her status when decision comes as denial?
Thanks for kind help…
Work up-to 240 days after i94 expiry with pending H1B extension
If H1B extension is pending AND was filed before i94 expiry, a person can work up-to 240 days after i94 expiry.
H1B status after i94 expiry, if H1B extension is denied
Status is changed immediately to “Unlawful Presence” from the date of H1B extension denial, if i94 has already expired.