File H1B Transfer After i94 Expiry, Pending Extension, Bridge Risk

H1B transfer can start working on receipt with no 240 day limit. Unlawful presence starts on denial after i94 expiry. Go back to old employer if H1B valid.

Written by Am22tech
  By Am22tech      Updated  2 Dec, 19


H1B Transfer USCIS

H1B transfer is a new petition to change your H1B employer. Once approved, you will receive a new i797 notice of approval with a new i94 attached to paper i797.

Each H1B transfer application is also an H1B extension automatically as employer requested work permit for 3 years.

I strongly recommend to file H1B transfer in premium and join new employer only after H1B approval especially with IT consulting company who have high rate of H1B denials

H1b Transfer While Extension in Progress

You can file H1B transfer while extension is in progress.

  • If your current i94 is valid, you can transfer H1B when extension is in progress as the pending extension will not become a bridge.
  • You can switch employer after i94 expiry but your pending extension application will become a bridge petition. USCIS can only approve H1B transfer as consular processing, if they approve unless extension is approved first.
Can I start working with H1B Transfer receipt?

You can start working on H1B transfer receipt with new employer before your current i94 expiry.
But, I recommend to wait for approval before joining new H1B employer.

What is my status if H1B transfer filed before i94 expiry?

Once your i94 expires your status will be counted as “period of authorized stay” based on your pending H1B transfer with USCIS if you have joined the new employer on receipt.

If you joined the new employer after H1B transfer approval, you are in valid H1B status.

Can I file H1B transfer after i94 expiry?

You CAN file H1B transfer after i94 expiry and start working for new employer too.

Your pending H1B extension from current employer will become a bridge petition and may affect the result of H1B transfer.

Is there 240 days limit for H1B transfer after i94 expiry?

There is no H1B 240 day limit applicable for H1B transfer cases if filed before i94 expiry with USCIS.
You can keep working for new employer even after 240 days if the petition is still pending with USCIS.

What happens if H1B Transfer denied after i94 expiry?

If you had already started working for new H1B transfer employer, you are immediately OUT OF STATUS from the denial date.
You should leave US immediately (preferably within 10-15 days) to avoid adding ‘Unlawful presence’ to your name.

Your period of authorized stay starting from your i94 expiry date to denial date ends too.

File another H1B Transfer after Denial

You cannot file another H1B extension, or transfer, or change of status to some other visa category as your are currently “Out of Status” after H1B transfer denial while staying in US.

You are allowed to file new H1B application with ‘Consular processing’ and wait outside US for its result.

If you file an H1B extension or transfer now requesting extension of your stay in US, it will be rejected as you filed it on the day when your status was “Out of status”.

H1B Transfer Denied – i94 still Valid

If you started working for new employer on receipt, you are still out of status and the period of authorized stay ends after denial.

But, unlawful presence will not start as the I-94 has not expired.

If your old employer has not withdrawn your H1B yet, you can go back into H-1B status by starting work for your old employer again.

H1B Transfer Denied – i94 expired, Old H1B expired

You can re-file h1B transfer but, you cannot start working as your current status is “Out of status’ after denial.

H1B transfer refile, if approved, will be approved with consular processing meaning that you will have to go out of US and get H1B stamped in passport to re-enter.

H1B Transfer Approved without new i94

The H1B transfer I-797 approval notice should either have an I-94 or consular processing information. If you did not receive new i94, it means you’ll need to leave the US, obtain an H-1B visa stamp abroad, and then re-enter the US.

File Second H1B Transfer before First H1B transfer Denial – i94 expired, Old H1B expired

If you file second H1B transfer before the first one reaches a result, you can start and keep working for new employer.

If the first H1B transfer is denied, the bridge between first H1B transfer and second one is broken and hence your second H1B transfer will also be denied ultimately.

Your “Unlawful presence” begins on the day of first H1B transfer denial in this case.

H1B Transfer USCIS TimeLine

With Premium Processing, H1B transfer application will get result within 15 calendar days.

With Regular processing, there is no fixed timeline. The result timeline will depend on USCIS service center’s workload.

H1B Transfer Processing Time

We track H1B Transfer processing time for All USCIS service centers.

USA Work in USA - H1B, L Visa

Recent discussion on forum

  1. Anil.Gupta

    Hi @mpcontact19

    You can file H1B transfer again after denial but you cannot stay in US. You should go out of US and wait for transfer approval if you file again after denial.

  2. Anil.Gupta

    You can do both i.e. apply with same employer or apply for new employer from native country.

  3. Anil.Gupta

    Hi @mpcontact19

    Vendor will say whatever suits them. You can check with an attorney if you want to take that risk.

    There is no official 60 day period. It all depends on your current circumstances. It does not apply to all in general.

  4. Anil.Gupta

    Hi @mpcontact19

    The safest option is to join company B before you see any denial for company A.

    Other things depend on the timing of when the application was filed and if a new i94 has been issued with company B’s approval.

  5. ashuh1baccnt

    Thank You @Anil.Gupta.

    I’ll provide an update as this progresses.

Comments are closed. Ask question on Forum (we answer in 1-24 hour)

40 more replies

  285 Useful Questions & Answers

  1. Ravi
    Ravi 17 Jul, 19 at 6:56 pm

    Hi ,

    My H1B transfer denied today and waiting for the denial reason. my I94 is still valid untill sep 2020. what are all other options i have now.

    i am not sure my Employer A revoked my VISA or not (i can see the Employer A petition with Case was Approved status). if they havent revoked my visa, can i just re-join, or does they need to to any paperwork?

    Also, My employer B can file another transfer since my I94 is valid? they are saying they can file another transfer. Please help.

    • Anil Gupta
      Anil Gupta 17 Jul, 19 at 7:05 pm

      You can go back to work for your old employer if they have not revoked it yet.

      Your current employer can file a new H1B transfer but you should not work for them until it is approved to be on safe side.

      • Ravi
        Ravi 17 Jul, 19 at 9:24 pm

        Thanks Anil. my new employer is saying, they can file new H1B transfer and i can work on receipt number again. Please suggest.

        Also, does my Old employer need to do any paper work or i can just go back and work?

        • Anil Gupta
          Anil Gupta 18 Jul, 19 at 7:26 pm

          If you employer is okay with you working, then you can work at your own risk.

          You can just simply go back to work with your old employer.

  2. anju
    anju 11 Jul, 19 at 2:57 pm

    Hi Anil,

    I have a valid stamping H1B visa with validity until August 2020 from employer A, I recently moved to Employer B and got new validity until 2022 with H1B Transfer approved. I have plans to go to India in 2 months. Can i go for new VISA stamping as i will get the updated date stamped on my passport and also is it eligible for dropbox ?

    • Anil Gupta
      Anil Gupta 12 Jul, 19 at 8:19 am

      There is no need to get a new H1B visa stamp at this time. You can re-use the existing stamp to re-enter US.

      If you still want to get a new stamp, you can check your dropbox eligibility here.

  3. Swathi Gattu
    Swathi Gattu 9 Jul, 19 at 8:38 pm

    Hi Anil,
    Your prompt and accurate replies are appreciated.
    I transferred my h1b to employer A, in August 2018 and got approval till October 2019. Meanwhile i moved to employer B in May, 2019. I got rfe, it was responded in June and it is denied on 9th july, 2019. I din’t get the mail yet.
    Now the actual difficulty is, my employer B is asking me to work through employer A if he din’t withdraw my H1b petition. My employer A is telling that he withdrew my H1b but he din’t get acknowledgement on that.
    So is my h1b with employer A still valid? After denial with employer B, what happens to my status? What is the best thing to do now?

    • Anil Gupta
      Anil Gupta 10 Jul, 19 at 7:28 pm

      The best option is to go back to Employer A who’s petition has not been withdrawn yet.

      But, since it can be withdrawn anytime, you should file a transfer or extention immediately.