Transfer H1B to new employer while current I94 expired and H1B extension is pending

h1b-transfer
h1b-extension

#1

Hi Anil,

Thanks for providing this platform for H1B extension/transfer discussion forum, the info is really great!
I have a question about my current situation, hope you can provide your insights:

Currently I have consumed the first 3 years of H1B, and it’s valid to end of Dec 2018;
My current employer has filed the H1B extension before the deadline in normal processing, and the application is in queued pending status;
I recently find another company and they are willing to transfer my H1B;

My questions are: whether new company can file H1B transfer for me? If so, they can transfer in premium processing since it’s open for everyone start from yesterday (3/12/2019)?

If new company file the premium transfer for me(i will still work with my current project), two scenarios:
-denied: since my current employer wouldn’t know about my transfer, i can still work in US legally and wait for my current H1B extension to get approved? The transfer denial to another company will affect current extension approval?
-approved: i can immediately to start work for new company and leave current H1B extension alone? Whether current H1B extension is approved or denied, it will have no effect to my newly transferred H1B?

Or another preferred scenario is: wait till current H1B extension gets approved and then initiate the H1B transfer? Since my H1B extension is in normal processing, I can ask my current employer to upgrade to premium processing (premium processing is open to everyone from 3/12/2019) and get my extension quickly processed?

In summary, i have a great concern that my current H1B extension will have RFE and followups, i do prefer to first choice which ask new company to file H1B transfer at the same time while extension is pending. Can you provide your insights and see which one is the best fit for me currently?

Suggestions are greatly appreciated!


(Anil Gupta) #2

File H1B transfer after i94 expiry

You can file H1B transfer after i94 expiry but your pending H1B extention will become a bridge petition.

Bridge petition affects the H1B Transfer result.

H1B extention not affected by H1B Transfer

Current pending extention will not be affected by transfer denial or approval.

The chances are high that you will receive RFE on transfer application asking to wait for H1B extention result due to it being bridge application now.

Upgrade H1B extention to Premium

The better option is to first get extention approval by upgrading to premium and then file H1B transfer.

More information about H1B Transfer scenarios:


#3

Hi Anil,

Thanks for the quick reply and suggestions!

Another question hits my mind: What if H1B extension application gets denied, am I immediately out of status and need to leave US, and ask another new company to transfer my H1B, once approved for the transfer then I can come back with H1B stamp?

Or do I still have some grace period (like two weeks or 60 days) so I can transfer my H1B to another new company (no need to leave US)? Once new company initiates the transfer and gets recipient notice of transfer then I can start work with them immediately?

What would be the solution if my H1B extension gets denial?


(Anil Gupta) #4

You are immediately out of status after H1B extention denial unless you have any other pending application.

There is no grace period after denial.


#5

Thanks a lot for the useful info, really appreciated!


#6

Hi Anil,

Still one more question in my head:
If new company initiate H1B transfer while H1B extension is pending, let’s assume H1B transfer gets RFE due to the H1B extension (bridge petition) since H1B transfer need to wait the bridge petition result.

What if H1B extension gets denial, but my H1B transfer is RFE and still in pending status, am I still legal to stay in US? Will H1B transfer get affected due to the extension denial, directly deny the H1B transfer or still we can proceed with H1B transfer?

Will the H1B transfer (before H1B extension denial) behave like backup plan in case of H1B extension denial?


(Anil Gupta) #7

Have you read the link that i shared earlier for H1B Transfer scenarios?

It has answers to all your questions.