File H1B Transfer After i94 Expiry – Bridge Petition Risks

Written by Anil Gupta
  By Anil Gupta - Updated on  7 May, 19
  217  

H1B transfer after i94 expiry
H1B transfer after i94 expiry

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.

The answer to “Can H1 transfer be rejected” is Yes, it can be rejected.

File H1B Transfer Before i94 expiry

You can start working for new employer based on H1B transfer receipt immediately if your i94 has not yet expired.

Once your i94 expires your status will be counted as “period of authorized stay” based on your pending H1B transfer with USCIS.

We recommend to start working for new employer only after approval.

File H1B Transfer After i94 expiry

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

But we strongly recommend to NOT start working for H1B transfer until it has been approved.

H1B transfer after i94 expiry
H1B transfer after i94 expiry

H1B Transfer 240 day limit after i94 expiry

There is no 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.

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.

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

You will start adding “Unlawful presence” to your name after the denial.

Also, you cannot file another extension, or transfer, or change of status to some other visa category as your are currently “Out of Status“.
Even if you file an H1b extension or transfer now, 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If your old employer has not withdrawn your H1B yet, you can go back into H-1B status by starting work for your old employer again.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.








   217 Useful Questions & Answers from comments



  1. jane
    jane 7 May, 19 at 3:38 pm

    My H1b visa expiring in May 31st 2019 and my extension is not yet approved and is pending for 3 months now
    1) Can i go for H1 b transfer during this period? or recommedn H1b transfer only after H1b extension is approved?
    2) My dependents travelled for vaction and planning to come back in August only and if i do H1b transfer , can they alone Stamp the Visa in India and come back without me ?

    can you pelase confirm


    • Anil Gupta
      Anil Gupta 7 May, 19 at 6:21 pm

      Your first question has been already answered in above article. Please read.
      Your dependents can enter USA if they have a valid H4 visa stamp.


  2. Sam
    Sam 30 Apr, 19 at 7:50 pm

    Just have this basic doubt that if I work for a Company A and filed a H1B transfer but still working with Company A until approval, what happens to the I94 status if a transfer is rejected and does the employer A gets to know about the transfer rejection with Company B. And also if I am close to H1 extension if I move to Company B do they need to file extension or just a transfer will do to fetch the 3 years status with supporting client letter.


    • Anil Gupta
      Anil Gupta 30 Apr, 19 at 8:09 pm

      Company A would not get to know about transfer until you tell them.

      Each H1B Transfer application is an extension application too.


      • Sam
        Sam 30 Apr, 19 at 8:25 pm

        Thank you… How about the status… will there be any change in my I94 expiry date or loss of status


        • Anil Gupta
          Anil Gupta 30 Apr, 19 at 8:42 pm

          No change if you do not join new employer.


  3. ram
    ram 30 Apr, 19 at 2:34 pm

    How many days before i need to apply for extension or transfer ,before i94 expire


    • Anil Gupta
      Anil Gupta 30 Apr, 19 at 7:59 pm

      It is better to apply a week before i94 expiry to get at-least receipt number generated.


  4. h1b extension
    h1b extension 28 Apr, 19 at 5:47 pm

    Thanks for article,
    But this article didn’t answer the below question

    If Employer A extension is pending and I94 is expired and new transfer has been applied and approved with Employer B and you start working for Employer B.

    So what happens in the case of if Employer A’s extension is rejected or revoked? Will the Employer B petition be automatically denied? Or as i already will have valid I797 from Employer B , Am i eligible to work?

    Thanks.


    • Anil Gupta
      Anil Gupta 28 Apr, 19 at 8:39 pm

      The chances are very high that you will receive an RFE on your H1B transfer application asking to wait for pending extension result.

      If the pending extension is denied, your transfer is also at risk.

      It is also possible that your transfer will be approved with ‘consular processing’.



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