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 Mar, 20

288        

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.




Recent discussion on forum

  1. Anil.Gupta
    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
    Anil.Gupta

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


  3. Anil.Gupta
    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
    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
    ashuh1baccnt

    Thank You @Anil.Gupta.

    I’ll provide an update as this progresses.


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  288 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.


  4. KY
    KY 27 Jun, 19 at 2:06 pm

    hi Anil,

    My I-94 with employer A expired on Feb 28 2019, I have my case approved by employer B(which was filed before Feb 28) but as I have not joined employer B, they have not provided me any of the documents for transfer just from the receipt number I know that my transfer to employer B is completed.
    Now can I join employer C, if yes would it be a bridge petition or would I need documents from employer B for trasnfer?

    Awaiting your response.
    Thanks in Advance.


    • Anil Gupta
      Anil Gupta 27 Jun, 19 at 2:46 pm

      You would need documentation from Employer B as they hold your new i94 and new H1B i797.


      • KY
        KY 27 Jun, 19 at 3:07 pm

        Thanks a lot Anil for prompt response.

        In that case .. would paycheck from Employer B required?
        I have not joined employer B yet.


        • Anil Gupta
          Anil Gupta 27 Jun, 19 at 3:17 pm

          Since your i94 has expired from employer A, you need to have the employer B approval copy to avoid the bridge.
          You can use the payslips from current employer with no issues.


  5. Ankit Agarwal
    Ankit Agarwal 22 Jun, 19 at 8:30 am

    Hi Everyone.
    This is really urgent for me.

    I joined a staffing firm ‘A’ last year 20 Apr 2018(H1 Transfer). Got rfe on 28 Jan 2019. Rfe responded 26 Apr 2019 with client letter and other docs. Still awaiting results. My previous i94 was expiring on 25 may 2019. I got 2 offers and since i94 was expiring both filed my new transfers on previous receipt before 25 May 2019 (i94 expiry). 1st company ‘B’ filed in premium and I joined this 3 jun 2019 (by resigning in previous staffing ‘A’). Same Evening they told me they lost the client Account and don’t have Sow or any docs further. on 5th June 2019 I got Rfe on same asking SOW and other docs along with specialty occupation. Their immigration team is saying we dont have any client docs and SOW now. Hence 99% this will be rejected after rfe response. They are ready to send me to India in next 10 days, response to rfe and expecting -ve and then telling me that they will file fresh from India for new client. They(company B) have submitted i9 to USCIS. They are not ready to file amendment for another new client. plus I have received one paycheck from B as well.

    Q1) Now is there any possibility i can Join 2nd offer (company C) who also filed transfer on receipt before i-94 expiry? I pushed them for premium on 12 June 2019. Got rfe on 18 June 2019 for specialty occupation, Education Evaluation, Pending transfer result(with company A), Maintenance of status.

    Q2) C got Rfe on 18 June, is it still legal to join them and wait for result of A as A’s rfe response is still awaiting result. How long can it take for A transfer approval? It is 14 months since it was applied. It is also 53 days since their rfe was responded. It was originally filed(apr 2018) in CA center, transferred to Vermont on Jan 2019 and got rfe, then rfe response sent to vermont on 26 Apr 2019. Still pending result. This staffing firm A is rigid on not filing Premum from day 1 even on offering $1500. Now I left them, still not ready to convert to Premium. their attorney says they haven’t withdrawn. they have been real trouble makers hence i shifted to B without result of A.

    Q3) Company A’s result which is still pending from 14 months can impact Company C’s result ? I am expecting Company A’s result by 30th june as it will be over 60 days of Rfe response by then. If A’s result is negative, Will I be able to join C without loosing status?

    Q4) Do I need to tell Company C about fiasco of joining company B. Asking this because I do not want to be Out of status or into any unlawful overstay. There was no gap from A->B. Also I will make sure that there is no gap in B->C.


  6. Mandeep Singh
    Mandeep Singh 17 Jun, 19 at 11:04 pm

    Hello everyone and AM22 Tech team,

    I have a question, My H1B extension was filed in Sep 2018 and due to client change my H1B Amendment was filed in Jan 2019. My i94 was expired on Mar 2019. Sadly last week i got denial for my H1B extension, my company lawyer says i can stay legally until Amendment result is declared. Can i apply for a Visa transfer during this time?

    Any pointer to this will be highly helpful.

    Regards,
    Mandeep Singh


    • Anil Gupta
      Anil Gupta 18 Jun, 19 at 2:32 pm

      You can apply for H1B transfer now but your pending H1B amendment will automatically become your bridge petition.


  7. Piyush Yadav
    Piyush Yadav 17 Jun, 19 at 5:19 am

    Hi Anil,

    Can you please suggest on below scenario?

    Extension petition for me was filed with USCIS on 8th Feb 2019.
    I received RFE on 15th April 2019 after processing mode was upgraded to premium.
    Response to RFE was filed on 5th June 2019.
    Today, i.e. 17th June 2019, I can see in USCIS website that my petition is denied.

    I left US on 8th Feb 2019 due to personal reasons, couldn’t travel back as I had received RFE. Now it has changed to denial.

    Can you please advise-
    1. If new H1B Out of CAP can be initiated for new account?
    2. Is there any grace period of time for which I cannot apply any petition?
    3. Any other useful information which might help in this case.

    Thank you very much.

    Thanks,
    Piyush Yadav


    • Anil Gupta
      Anil Gupta 17 Jun, 19 at 6:27 am

      Sorry to hear about your denial.

      You can file an H1B non cap transfer or
      a new extention application for new client.

      But, you have to fix the denial reason first. Otherwise, the chances of denial again are very high.

      There is no time limit to wait. You can apply anytime.


  8. Sunil K
    Sunil K 29 May, 19 at 9:32 pm

    Hi Anil,

    Thank you for all the valuable inputs. Can you please suggest on below scenario?

    Currently working with Employer A. Visa,I797 and I94 expiring on 5/31. Extension has been filed.
    Company B started visa transfer on already approved I797.
    If I continue to work for A after 5/31, Can I join B, on B’s receipt, without waiting for A’s extension result?

    Thanks.


    • Anil Gupta
      Anil Gupta 29 May, 19 at 10:20 pm

      You can join employer B on receipt but I strongly recommend to join only after H1B transfer approval.


      • Sunil K
        Sunil K 30 May, 19 at 9:04 am

        Thanks for your reply, Sunil!
        So, Employer B wont have to go for bridge visa?


  9. Prachi Gupta
    Prachi Gupta 29 May, 19 at 8:37 pm

    Hi,
    My H1B is expired and for extension I got RFE. Can I initiate H1B transfer. I want to change employer only once transfer is confirmed. Is it possible. If the transfer is confirm and after that I got RFE result in denied. What will be the status then


    • Anil Gupta
      Anil Gupta 29 May, 19 at 8:54 pm

      Please read the above article. It has answer to your scenario.


  10. 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.


  11. 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.


  12. 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.


  13. 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’.


  14. Ram
    Ram 26 Apr, 19 at 9:08 am

    I got RFE on April 1st , with in how many days my employer needs to give response to that RFE(we applied through Premium) ?


    • Anil Gupta
      Anil Gupta 26 Apr, 19 at 9:27 am

      USCIS gives 60 days to respond to RFE. The time to respond will also be mentioned in the RFE letter that your employer will receive.


      • 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 5:36 pm

          You should aim to get USCIS receipt number for transfer before i94 expiry.
          This means that file at-least 10 days before i94 to be on safe side.


  15. Ram
    Ram 26 Apr, 19 at 8:58 am

    What are the disadvantages of doing H1B transfer with two companies same time (its before i94 expire)
    And the approval decision is depending on each other ? meaning B is depending on A approval/denai/Reject status.
    Once A process is done then only B decision will come?


  16. Prakash
    Prakash 26 Apr, 19 at 6:31 am

    Thanks Anil, i read the forum but still have few questions. I have valid i94 till march 2020. If my company B transfer is approved and company A amendment is approved or denied after transfer approvalw there be it impact my approved transfer with Company B


    • Anil Gupta
      Anil Gupta 26 Apr, 19 at 8:08 am

      If you get transfer approval before your i94 expiry, the other applications does not affect you. The only time, transfer gets affected by other applications is when you file transfer after your i94 has expired.


  17. Ram
    Ram 25 Apr, 19 at 2:55 pm

    I have valid H1B with company A till Aug31 2019 a,now currently working with A, i have done H1b transfer with company B on march 20th and done H1b transfer with company C on Aprial 10th. Received RFE for company B on Aprial 1st. now Company B is not giving reply to RFE. here my questions are

    1) if Company B not given reply to RFE or its rejected , will it be affect on Company C petition ?

    2) if Company B not given reply to RFE , can i ask for revoke , will it be helpful for C company ?


    • Anil Gupta
      Anil Gupta 25 Apr, 19 at 4:15 pm

      Company B’s application does not affect company C’s application as you have not yet joined company B.
      Do not worry. You are safe.


  18. Prakash
    Prakash 25 Apr, 19 at 7:10 am

    Hi Anil,

    I have a amendment in progress for Client A filed from Employer A. Currently the status is RFE and response will be filed in few days. Can i now apply for a H1 Transfer with Employer B in Premium? What wwoul be consequences if amendment is approved or rejectre before or after h1 transfer result. Please help me provide aime information on this.


    • Anil Gupta
      Anil Gupta 25 Apr, 19 at 10:11 am

      It depends on whether your i94 has expired or not.
      Please read the above article. It has answer to your question.


      • Prakash
        Prakash 26 Apr, 19 at 7:04 am

        Thanks Anil, i read the forum but still have few questions. I have valid i94 till march 2020. If my company B transfer is approved and company A amendment is approved or denied after transfer approvalw there be it impact my approved transfer with Company B


        • Anil Gupta
          Anil Gupta 26 Apr, 19 at 8:08 am

          If you get transfer approval before your i94 expiry, the other applications does not affect you. The only time, transfer gets affected by other applications is when you file transfer after your i94 has expired. Does that answer your question?


  19. Mani
    Mani 23 Apr, 19 at 10:59 pm

    Hi Anil,

    I have got the H1B from Employer A for the location A . This is valid till 15th June 2019.
    Before traveling USA i have applied for amendment then got the stamping then traveled to Location B . I797 shows the last date as May 20 2019 . But i94 expires on 15th June 2019. Currently i have applied the extension in Company A and i have got the receipt and waiting for result.

    I am planing to apply H1B transfer Company B .

    do i need to initiate before my current amendment petition expires which is may 20 or before I94 expiry which is june 15th or before getting result for my extension

    if all the above scenarios possible please let me know the same. Based on your inputs i need to start the same at the earliest.


    • Anil Gupta
      Anil Gupta 24 Apr, 19 at 6:45 am

      My suggestion is to apply for H1B Transfer in premium before i94 expiry and get approval before joining the new employer.


      • Mani
        Mani 24 Apr, 19 at 11:49 pm

        Thanks for your quick reply.My understanding is that i need to apply the transfer before the I94 expiry which is 15th june. Hope this is fine.

        Some of my friends suggesting like applying H1B transfer while decision pending for extension may affect the both decisions of H1B transfer and extension . is that true?

        is it always better to apply H1B transfer before applying any xtension?

        please provide your inputs


        • Anil Gupta
          Anil Gupta 25 Apr, 19 at 5:33 am

          H1B extention and transfer are two separate application and does not affect each other if you file transfer before i94 expiry.


  20. Manoj Jain
    Manoj Jain 20 Apr, 19 at 1:13 am

    Hi Anil Ji,

    Kindly help.
    H1B ,i94 expired as on march,02 2018.
    H1B transfer initiated as on march,02 too( receipt date ). Denial on 7th june 2018. Before denial received another transfer was initiated from the same employer to keep me working. Denied second petition on august 7,2018. Left usa on aug 8.

    Can i file a new h1b now ? Having known in above scenario , i accured unlawful presence for like 55 days.


    • Anil Gupta
      Anil Gupta 20 Apr, 19 at 5:49 am

      You can apply for H1B Transfer again.
      Unlawful presence may affect the H1B approval decision though.


      • Manoj Jain
        Manoj Jain 20 Apr, 19 at 8:00 am

        Thanks Anil ji. You are so quick. I guess every stage will be scary , Approval , Visa Stamping and re entry.

        Should i wait for another year?


        • Anil Gupta
          Anil Gupta 20 Apr, 19 at 8:38 am

          Next year will also be same. It is your choice if you want to wait or apply now.


          • Manoj Jain
            Manoj Jain 30 Apr, 19 at 10:22 am

            Hi Anil JI , What is class “UU” on I 797 Notice of Action Meaning ?


            • Anil Gupta
              Anil Gupta 30 Apr, 19 at 5:10 pm

              I am not sure about it.


  21. Ravi
    Ravi 13 Apr, 19 at 5:02 pm

    Hi Anil,

    I started working on receipt and My H1B Transfer got RFE from employer B , and Employer A revoked the status , if the transfer gets denied will i lose the status. FYI, my I-94 is valid till dec 2020. can i file another transfer even if it gets rejected ?
    Thanks,
    Ravi


    • Anil Gupta
      Anil Gupta 13 Apr, 19 at 5:09 pm

      You will be out of status immediately if your transfer is denied.
      If you file another transfer after currrent transfer denial, you cannot start working for new employer as you will be out of status at the time of filing this new application.


      • Ravi
        Ravi 13 Apr, 19 at 5:51 pm

        Thank you! so what would be the best case to keep the status in this case? can i initiate another transfer before the gets result.

        if i lose the status, what are the ways to get the status since my i-94 is valid andi havenot completed my 6 years quota.

        Thanks,
        Ravi


        • Anil Gupta
          Anil Gupta 13 Apr, 19 at 6:14 pm

          You can file another H1B Transfer before currrent one is denied to maintain status. That’s the only option i see at this time.


          • Ravi
            Ravi 13 Apr, 19 at 6:14 pm

            Thank you! so i have a time to respond to my RFE till July, i will respond to this in july and file another transfer in July from another employer so that i can maintain status even if this gets denied. does that works?


          • Ravi
            Ravi 13 Apr, 19 at 9:45 pm

            Thank you! so i have a time to respond to my RFE till July, i will respond to this in july and file another transfer in July from another employer so that i can maintain status even if this gets denied. does that works?


  22. Ravi
    Ravi 13 Apr, 19 at 4:46 pm

    Hi Anil,

    My H1B Transfer got RFE from employer B , if it gets denied will i lose the status. FYI, my I-94 is valid till dec 2020. can i file another transfer even if it gets rejected ? my employer A revoked my status .

    Thanks,
    Ravi


  23. SG
    SG 12 Apr, 19 at 9:36 am

    Hi Anil,

    I have a very dicy situation here. I went to USA on March, 2018. My H1B visa as well as I94 got expired on Dec, 2018. An extension was filed before the expiry. I got RFE on Feb, 2019 and I was sent to India Offshore location on April, 2019.

    Now, I am very confused.

    1. What if my employer will not respond to RFE ? Will my petition got revoked by USCIS automatically ?
    2. What if my employer will revoke my petition ?
    3. Can an expired petition be revoked ?
    4. What are the possibilities if I am looking a job change – will the new employer be able to file H1B tranfer ?
    5. What are best case scenarios that I should plan for with respect to my current status ?

    Kindly please advise.

    Thanks,
    SG


    • Anil Gupta
      Anil Gupta 12 Apr, 19 at 12:11 pm

      Your H1B extention application will be denied if your employer does not respond to RFE.

      You can file H1B Transfer if you still have not used your full H1B 6 year quota.

      Employer cannot revoke an expired petition.


  24. TV
    TV 11 Apr, 19 at 8:00 pm

    Hi Anil, I am working for Company A and having valid H1B petition and I-94 till 2020. Suppose Company B files for H1 transfer via premium processing and it gets rejected,will it affect anyway to my present H1B petition with current employer.


    • Anil Gupta
      Anil Gupta 11 Apr, 19 at 9:30 pm

      Your current H1B stays valid irrespective of H1B transfer denial or approval.


  25. Ravi
    Ravi 11 Apr, 19 at 9:19 am

    Hi Anil,

    I joined Employer B on Receipt and working for last 2 months and got RFE. if my Employer A still hasnt revoked my H1, can i join back without filing transfer again.

    Thanks,
    ravi.


    • Anil Gupta
      Anil Gupta 11 Apr, 19 at 9:31 am

      You can join your old employer if they have not yet withdrawn your H1B yet.


      • Ravi
        Ravi 11 Apr, 19 at 9:31 am

        Thank you! just to clarify, even if i have 2 pay cycles with Employer B , still i can join Employer A correct.


        • Anil Gupta
          Anil Gupta 11 Apr, 19 at 9:31 am

          Pay cycles do not matter.


  26. Rohit Gupta
    Rohit Gupta 10 Apr, 19 at 2:57 pm

    Hello Anil,

    Currently, I am working with company A through company B (consultancy firm) and my H1b is under extension ( i-94 has expired). Can I go for a H1b transfer with a company C ( A full time job -not a client or consultancy job). Are there any risks ?

    Regards
    Rohit Gupta


    • Anil Gupta
      Anil Gupta 10 Apr, 19 at 2:58 pm

      The risks of H1B transfer after your i94 has expired are mentioned in above article. Please read.


  27. Ash2019
    Ash2019 10 Apr, 19 at 8:10 am

    Hi Anil,

    I have gone through all your comments for various cases and they are really helpful, I really appreciate it.

    I have a similar situation on my h1B transfer + extension with a new employer, it’s almost been 9+ months since my employer filled my petition.

    Date Filled – 21st June 2018
    RFE Received – 16th Oct 2018
    RFE Response – 31st Dec 2018
    I-94 expiry – 10th July 2018
    Case is with Vermont Services

    It’s has been more that 100+ days since the RFE has been responded and the status is still pending, could you please advice whether I need to wait longer or do I need to upgrade to premium.
    What are my chances in this type of situation ?
    I have requested my employer to raise a SR this week but not sure what he is up to.

    Thanks


    • Anil Gupta
      Anil Gupta 10 Apr, 19 at 8:45 am

      The first thing to do is to raise SR and get the status from USCIS.


  28. thirustm
    thirustm 8 Apr, 19 at 9:45 pm

    Hi Anil

    I got my inital L1B from India 8 years back and then few years back I got my L1A when i was in Canada. Now my HR is asking to me to go to Mexico to get my L1A extended. Is it okay to okay there to get the extension stamped?

    I see this “Applicants who obtained their current visa in a country other than that of their legal residence” note in immihelp under ineligible criteria. (https://www.immihelp.com/us-visa/mexico/us-visa-stamping/)

    Is there a risk in going there to get my stamping? Im worried as I got my L1A from Canada.

    Please help me


    • Anil Gupta
      Anil Gupta 10 Apr, 19 at 12:15 pm

      I cannot comment on what other websites say. You should ask them on what they have written.

      You can get US visa stamping in Mexico.

      If you want full service help (paid) with Visa stamping in Mexico including travel, lodging, boarding and paying visa fees, let me know and i will connect you with right person.


  29. thirustm
    thirustm 8 Apr, 19 at 9:45 pm

    Hi Anil

    I got my inital L1B from India 8 years back and then few years back I got my L1A when i was in Canada. Now my HR is asking to me to go to Mexico to get my L1A extended. Is it okay to okay there to get the extension stamped?

    I see this “Applicants who obtained their current visa in a country other than that of their legal residence” note in immihelp under ineligible criteria. (https://www.immihelp.com/us-visa/mexico/us-visa-stamping/)

    Is there a risk in going there to get my stamping? Im worried as I got my L1A from Canada.

    Please help me


  30. Mani
    Mani 8 Apr, 19 at 11:06 am

    Hi Anil,

    My I94 was expired on last December and petition transfer to employer B is in progress. If my petition approved near future then can I extend my I94 without travelling outside US?


    • Anil Gupta
      Anil Gupta 8 Apr, 19 at 12:19 pm

      If your transfer was filed before your i94 expiry and it gets approved, you will get a new i94 along with the approval itself.


  31. Pallavi
    Pallavi 6 Apr, 19 at 6:11 pm

    Hi Anil,

    My I94 is expiring in 3 months from now. My current employer is in process of filing extension. I also got an offer from new employer. New employer is saying that they will apply for H1b transfer and extension in premium processing and I can join them only after its approved (I understand , I can’t take risk of moving to new employer on just receipt). Now my concern is , is there any chance that my current employer will get to know from USCIS about my transfer request from new employer ? Because , if my current employer come to know that there is also a transfer request , then they may revoke the extension filing. Please help.

    Thanks,
    Pallavi


    • Anil Gupta
      Anil Gupta 6 Apr, 19 at 7:42 pm

      USCIS will not inform your current employer about H1B Transfer.


  32. Amar
    Amar 3 Apr, 19 at 9:20 pm

    Hi Anil, let’s say H1B transfer gets approved without i94, can we continue to work for old employer or we need to get i94 to continue with old employer. I know we need i94 to work for new employer, what if we choose not to leave old company, existing i94 still valid??


    • Anil Gupta
      Anil Gupta 4 Apr, 19 at 7:37 am

      You can keep working for old company without doing anything if you decide to not join new employer.

      The new employer will anyway have to withdraw your H1B as you are not joining them.


      • Pallavi
        Pallavi 6 Apr, 19 at 9:37 pm

        Thank you so much Anil. Appreciate it.


  33. Avi
    Avi 2 Apr, 19 at 6:56 am

    Hi Anil,

    I’m working for company A full time petition valid till 2021, and i planning to join Consultancy B full time on receipt number normal processing.

    if H1B transfer gets denied and company A already removed Petition. can Consultancy B refile new H1B or i need to go back to india?


    • Anil Gupta
      Anil Gupta 2 Apr, 19 at 9:37 am

      My suggestion to file H1B transfer in premium and then join them after approval. Its not worth taking the risk to join on receipt.
      You will be ‘out of status’ if transfer is denied and old employer has already withdrawn the H1B petition.


  34. ASR
    ASR 1 Apr, 19 at 7:18 pm

    Hi Anil,
    Thanks for your help in answering all the queries
    I have few questions on transfer , can you please answer them ?

    My H1 with company A was valid till Dec 31, 2018 . They filed extension in Oct 2018 and it got denied due to Speciality occupation in Dec 2018. They filed another extension before Visa expiry (Dec 31 ,2018) ,
    My i-94 expired in Jan-2019.
    The extension is now in progress and received an RFE ( Speciality occupation ) .
    I got an offer from Company B and they are ready to file transfer in premium and requesting me to join on the receipt.

    1. Will there be direct denial on H1 transfer without receiving an RFE ? If yes, what are the chances of getting denial without RFE?
    2. can i join company B on receipt If they file the transfer in Consular processing Premium ?

    Is it safe to join on receipt considering my i-94 is expired ?


    • Anil Gupta
      Anil Gupta 1 Apr, 19 at 9:42 pm

      We are seeing that USCIS is issuing RFEs for H1B before denial.

      How can you join new company if they file transfer in consular processing?
      They have to file as extension of status for you to join them with receipt.


      • ASR
        ASR 2 Apr, 19 at 7:36 am

        Hi Anil,
        Please correct me if I’m wrong.
        With consular processing we are asking USCIS to approve the transfer without i94 , and once it’s approved , we need to get it stamped.
        Are you saying when we file through CP we cannot join on receipt?
        Thank you..


        • Anil Gupta
          Anil Gupta 2 Apr, 19 at 9:37 am

          As per my information, if you are asking for transfer without i94, you have to wait for transfer approval before joining them.
          Any specific reason that you are asking for ‘Consular processing’? I have not heard of such case before.


          • ASR
            ASR 2 Apr, 19 at 10:17 am

            One of the attorney suggested this would be the safe way to get the transfer initiated and get the stamping done once approved.
            Also company B is requesting me to join on receipt , so I just want to check in what cases it’s safe to join on receipt. (Through normal or CP)?


            • Anil Gupta
              Anil Gupta 2 Apr, 19 at 12:09 pm

              My suggestion is to NOT join on receipt. Rest is your choice.


              • ASR
                ASR 2 Apr, 19 at 7:13 pm

                Hi Anil,
                Thanks for your advice.
                You mentioned in initial response that USCIS issues RFE before denial , do they mention that they are waiting for the current extension approval in RFE? does it happen always?


                • Anil Gupta
                  Anil Gupta 2 Apr, 19 at 9:01 pm

                  It is USCIS choice if they would mention it or not.
                  Generally, they do.


  35. ajr
    ajr 1 Apr, 19 at 1:10 pm

    Hi Anil,
    Thanks for sharing your thought, its very helpful.

    Please help me out with this questions below ?
    Everyone feel free to suggest ?

    Hi im under 60 days grace period. i-94 valid till 2021
    I’ve file my H1 transfer from employer A and waiting for the uscis update. How many days will i’ve to file another H1 transfer just in case if i get -ve result.
    As Anil has mentioned about bridge petition. Just wanted to have clarify is that if i file H1 transfer from Employer A & Employer B, Then i can only work with one employer right i.e Emp A ? and wait for the Employer B H1 Transfer outcome before joining ?
    If employer A H1 transfer is denied will it impact Employer B petition ? As a bridge petition and my i-94 is not expired.
    What are my option if H1 transfer get denied ?


    • Anil Gupta
      Anil Gupta 1 Apr, 19 at 2:02 pm

      The situation is completely different if you are currently in H1B 60 grace period.

      You should have filed a petition on or before 60th day.

      Bridge petition concept comes into picture if your i94 has expired.


      • ajr
        ajr 1 Apr, 19 at 4:23 pm

        Thanks for your quick response.
        I’ve filed my H1 Transfer from Employer A waiting for the decision from uscis.
        please advise –
        1) my i-94 is valid. Should i file multiple H1 transfer petition with in 60 days or i can file 1 within 60 days and after i get an RFE i can file another one at that time.
        2) If there is denial ? are there any chances to refile it again ? how soon should we file the transfer again ?
        3) If i want to apply for phd studies is it mandatory to apply change of status with in 60 days while transfer is pending ? is it possible to do ?

        Thanks for helping us out in clearing the doubts.


        • Anil Gupta
          Anil Gupta 1 Apr, 19 at 8:30 pm

          Your question is about H1B 60 days grace period.
          I suggest to ask it on forum as it is out of scope of this article.


  36. Kumar
    Kumar 27 Mar, 19 at 8:19 pm

    Hi Anil / Team – Thanks for helping via this post, its very helpful
    Would you kindly suggest on my case here :

    – Current I-797 has expired (9/1/2018) and 240 days will complete on (4/30/2019)
    – Current Employer extension still on process (Employer responding to RFE , extension decision pending)
    – New Employer ready for H1 Transfer

    considering above scenario . what would be best option for visa transfer to new employer

    – shall i wait for 1st employer extension result or parallel i can process transfer and extension

    pls suggest also what is the risk involve on above case. if you guide me on this

    Thank you


    • Anil Gupta
      Anil Gupta 27 Mar, 19 at 8:55 pm

      The risk is mentioned above for your situation. Please go through it.

      Your extension petition will become bridge petition and will affect transfer decision as your i94 has already expired.


      • Kumar
        Kumar 27 Mar, 19 at 9:29 pm

        Thanks Anil for your reply .
        are you referring points mentioned as above https://www.am22tech.com/h1b-transfer. or some other post

        Thanks


        • Anil Gupta
          Anil Gupta 27 Mar, 19 at 9:34 pm

          Yes, the points mentioned on the post that you have linked. It is same page as you are currently writing your comment on.


          • Kumar
            Kumar 28 Mar, 19 at 9:41 am

            Thank you Anil.

            Can i file only LCA for New transfer now ( Before 1st Employer Extension result ) and file H1B transfer to 2nd Employer after 1st Employers extension result.


            • Anil Gupta
              Anil Gupta 28 Mar, 19 at 3:25 pm

              Yes, you can file LCA for H1b transfer anytime. There is no restriction.
              If you are scared that your extension might be denied, then i suggest to file the H1B transfer as well.

              If the extension is denied, you can still go out of USA and wait for transfer result and re-enter USA once transfer is approved.
              File transfer in premium and you will get result within 15 days.


  37. dee
    dee 21 Mar, 19 at 12:36 am

    Hi,
    I94 expired on AUG 2017,Moved to another employer filed new petition on Apr 2018(end of 240 day period) and continued working with the same client.
    first H1B is denied on OCT 2018 while my second petition is still under process.Based on my Attorneys advice,We withdrawn the second H1 on Feb 25 2019 after recieving couple of RFE’s on this bridge case.
    I left the country on Mar 7th 2019 to re apply New H1 after 365 days cool off period in 2020 April.
    As per USCIS,My “Unlawful presence” begins on the day of first H1B transfer denial in this case ”
    i had stayed 120 days counting from OCT 31 2018 to Mar 7 2019 which is less than 180 days stay.Is this illegal?
    My concern is,Even though the first petition is denied my second H1b is still under process with USCIS. Am i still illegal to stay?Is it going to effect my Future H1? Please answer.


  38. kaps
    kaps 19 Mar, 19 at 9:41 pm

    Hi, I am under 60 days grace period on H1B as I lost my job. Now I have 30 days left.
    I-140 approved.
    I am working with consultant who filed LCA today and will file my H1B transfer next week, He wants me to join on Slip as his client wants same. It will be processed under premium processing (if approved it will be right on time, if denied I have to leave country as 60 days will be there)
    Now, I got an offer from a big company, they know my this situation But they can’t make process fast due to all background checks, LCA etc.
    They said they may able to file before April 20th which is my last day of stay But also wants me to join on Slip. (Also mentioned no false hopes of filing date they will try)

    If I join Company A which in this case is consultancy sometime next week on slip, Will my visa transfer by a big company will be impacted? (As they still being transferring it from my old employer not from consultant for which I will start working and they don’t know anything).
    How can I join big company here? Do they need to transfer my visa from consulting company if I join them or my old company I-140 and I-797 they can use (Chances are both consultancy and big company will goes in parallel but Consultancy company timing is quicker may approve before)
    Please suggest how can I transfer to big company without letting them know about consulting company which I have to join to stay.
    I am also not sure if this new consultancy company will give me paystubs for 2 weeks, copy of I-797 etc.
    I am looking for a way to join big company after joining consultancy company for some days/2-3 weeks may be.


    • Anil Gupta
      Anil Gupta 19 Mar, 19 at 9:52 pm

      You can file both H1B transfer in parallel using your approved i140. No issues. Join anyone when they get approved or join anyone of them using receipt on or before H1b 60th day grace period.


      • kaps
        kaps 19 Mar, 19 at 10:10 pm

        Thanks Anil for answering my question but not sure if you got the question right, I know it can be filed to multiple employers and I can join one.
        My question is Consultancy company process which will go faster and I will end up joining for 2-3 weeks.
        How this will impact my transfer for big company, if my approval of consultancy came and big company transfer took 1 month then I have to work for one month with consulting company, does I need pay stubs/W-2 etc from consultancy company? Will it require another transfer as big company may not do same.


        • Anil Gupta
          Anil Gupta 20 Mar, 19 at 8:03 am

          I think i clearly answered your question in my last response.

          You should start working within 60 days to get on to H1B status which can only happen if you START working with some H1B company and generate payroll. In your case, it seems that this can happen only if you join consultancy firm. So, you have limited options.

          The full time employer will need to submit their own application. The payslips would be required as a proof of H1B status if they file their application after your 60th day. If they file before 60th day, they can probably skip using the payslips.


          • kaps
            kaps 20 Mar, 19 at 8:12 am

            Thanks,
            Only question remaining is if my this visa came approved before they file application, they have to use consultant visa?
            Regards
            Kapil Batra


            • Anil Gupta
              Anil Gupta 20 Mar, 19 at 8:52 am

              That’s not really required. Also, you won’t get the approval copy in hand that fast anyway. USCIS takes 7-21 days to send the approval by mail.


  39. Viv
    Viv 19 Mar, 19 at 7:32 pm

    My I-94 is valid until 04/2021. I filed a transfer few weeks back which is pending. Can I file second transfer again ?
    Will the outcome of first transfer has any impact on the second transfer since the I-94 is still valid ?


    • Anil Gupta
      Anil Gupta 19 Mar, 19 at 9:31 pm

      You can file any number of H1b transfers as you wish. They do not affect each other as your i94 is valid.


      • Viv
        Viv 20 Mar, 19 at 5:26 am

        If I do the second transfer in premium, will it wait for first transfer to be approved ?


        • Anil Gupta
          Anil Gupta 20 Mar, 19 at 8:03 am

          I think I already clearly answered your question in my earlier response.


  40. Kumar
    Kumar 18 Mar, 19 at 3:16 pm

    Hi
    My current i94 expired on 31st Jan 2019. I had applied for extn in Nov 2018. RFE has issued and I have submitted all the documents. Now I am in 240days time. I would like to know can I apply for H1B Transfer for different employer ?
    thanks
    kumar


    • Anil Gupta
      Anil Gupta 18 Mar, 19 at 5:05 pm

      You can apply for H1B transfer at this time but read about the risks above.


  41. Checking
    Checking 17 Mar, 19 at 5:48 am

    Hi Anil,

    Our i94 expired in Aug 2018 and we got to know about visa denial on 15th March 2019. When we called Ucsic, they said our visa was denied on 5th March. We have not received any hard copy yet, but my husband signed out of his current job in the same day.

    Our 240 days are ending on 29th march.

    Is there any way we can file for ‘
    Discretionary Request for Grant of Status’ with our current employer/find a new employer and stay in USA till we get result ?

    Also, from.which date UCSIC calculate the unlawful presence? It will be 5th March or the day we receive hard copy of our denial?
    As PP is open, we may get answer soon.


    • Anil Gupta
      Anil Gupta 17 Mar, 19 at 8:30 am

      Your question about H1B denial and date of unlawful presence start has been added to our forum and answered there as it was out of scope of this article.

      You can ask follow up questions on forum iitself. We answer within 1-24 hours.


  42. NN
    NN 15 Mar, 19 at 1:56 pm

    Hi Anil,
    Thanks for such an helpful Blog..Need some help from you regarding my case.
    My current petition with Employer A is valid till July , 2019. They have filed for Extension for 1 more year.
    In between . I got an offer from Employer B and would like to join them after H1b transfer is Approved.
    My question is
    1. Suppose My H1B transfer to company B is Approved and at the last moment for some reason I decide not to join Employer B, Can I still continue working for Company A ?
    2 . In case the H1B transfer request from Employer B is denied , Can I still continue working for my my current employer A ?

    Thank you.


    • Anil Gupta
      Anil Gupta 15 Mar, 19 at 7:58 pm

      H1B transfer approval or denial does not affect your current H1B. You can keep working with current employer if you wish even after the H1B transfer approval or denial.


      • NN
        NN 15 Mar, 19 at 8:33 pm

        Thanks for the quick reply
        One more question..If the Transfer to Employer B is approved then what would happen to the Extension Application that my Current Employer A is filing ? Will this be Rejected ?


        • Anil Gupta
          Anil Gupta 15 Mar, 19 at 8:33 pm

          Each H1B application is evaluated separately.


  43. jajikanth
    jajikanth 14 Mar, 19 at 7:04 pm

    Hello Anil,
    You explained a scenario of filing 2nd H1B transfer when i94 is expected where If 1st transfer is denied, automatically 2nd also get denied. How about 2nd transfer being filed in premium and got approved. Will there be any issue if the 1st transfer is denied?


    • Anil Gupta
      Anil Gupta 14 Mar, 19 at 7:10 pm

      The chances are very high that your 2nd H1B transfer will receive an RFE asking you to wait for 1st transfer’s result as your i94 has already expired and your status is dependent on bridge petition.

      If the 2nd application is indeed approved by USCIS and 1st is denied, then it is up-to USCIS to decide the fate of your 2nd approved petition. The chances are low for this scenario though.


      • jajikanth
        jajikanth 14 Mar, 19 at 7:18 pm

        Thanks for your input.
        Will there be a probably for getting it approved with counselor processing to get Visa stamped out of country?


        • Anil Gupta
          Anil Gupta 14 Mar, 19 at 7:25 pm

          Yes, H1B transfer consular processing is probably a better option in this case if you explicitly file it with that option. Then, USCIS may not issue an RFE at all.


  44. Riya
    Riya 9 Mar, 19 at 11:34 am

    Hi Anil, I’ve my H1-B approved till April 4th 2019, and received a Notice of Intent to Revoke in January which when submitted a response on Feb 12th got revoked on 22nd Feb. I’ve my I-94 expiry till April 4th 2019. Can I file for an H1-B transfer now? What all options do I have now?


    • Anil Gupta
      Anil Gupta 9 Mar, 19 at 6:48 pm

      So, your H1B has been revoked finally on Feb 22, 2019?
      Do you know the reason of revocation?

      As per my opinion, you are out of status after your H1B has been revoked.


      • Riya
        Riya 9 Mar, 19 at 7:13 pm

        Yes Anil, it’s finally revoked on Feb 22nd. It’s related to speciality occupation and employee employer relationship


        • Anil Gupta
          Anil Gupta 9 Mar, 19 at 8:22 pm

          You can file H1B transfer now but cannot stay in US for its result.
          You should go out of US and wait for the result and then come to US once H1B is approved.


          • Riya
            Riya 12 Mar, 19 at 10:39 am

            But can I stay and work on receipt if I get a receipt for my transfer within a week ???


            • Anil Gupta
              Anil Gupta 12 Mar, 19 at 1:04 pm

              No, you cannot stay in USA. Once your H1B is revoked, you are ‘out of status’ immediately.

              Even if you file a new H1B transfer now, you are adding time to your ‘out of status’ if you decide to stay in USA. It can have serious issues with future visa applications.

              Please discuss it with your attorney if you want to take that step.


  45. praneeth Reddy
    praneeth Reddy 8 Mar, 19 at 8:41 pm

    Hi Anil Gupta

    Thank you for all the information.I have a query, my I-797 is valid till 30th April 2019 and extension is filed by my company A, now i am looking for job change and new employer has agreed for H1b transfer. But my I-94 is expired in 2017 . Based on present situation, what would be your advice ? Should i change my company and apply for H1b transfer , as my I797 is still valid or should i wait till i get my extension approval ?

    Thanks


    • Anil Gupta
      Anil Gupta 8 Mar, 19 at 10:04 pm

      I do not understand your situation. How can your i797 be valid more than your i94 expiry?
      When was your extension filed?


      • praneeth Reddy
        praneeth Reddy 9 Mar, 19 at 4:05 pm

        Sorry for the confusion. H1 visa was approved till oct 2017 and later extension was filed and approved till April 2019. So the latest I797 shows valid till April 2019 . Since oct 2017 I haven’t left US and so I don’t have latest I 94. Old I 94 shows validity till oct 2017.


        • Anil Gupta
          Anil Gupta 9 Mar, 19 at 8:15 pm

          You are completely wrong with your i94 information. You cannot stay in US if you do not have a new i94.

          When your H1B extension was approved, you must have got a new i94 attached to your H1B approval copy i.e. i797. Check it and then tell me the i94 expiry date.


          • praneeth Reddy
            praneeth Reddy 9 Mar, 19 at 8:22 pm

            Yes sorry for the confusion
            I94 is expiring on April 30 and my extension is in progress with uscis
            So in this case can I switch to different company and apply for H1 transfer ?


            • Anil Gupta
              Anil Gupta 9 Mar, 19 at 8:43 pm

              Yes, you can apply for H1B transfer. Try to file it before your i94 expires to be on safe side.


  46. anil
    anil 7 Mar, 19 at 1:43 am

    hi anil TWO H1B transfers filled first was in Feb 2018 and second was in Nov 2018 and first is denied and second is in processing.second was applied before i94 expired.Can i stay legally untill the decesion has been made? My i94 from previous employer in i797 is valid till Feb 2020 and he revoked since i quit. online i94 date is 24 jan 2019.


    • Anil Gupta
      Anil Gupta 7 Mar, 19 at 9:09 am

      Your most recent i94 is what is considered valid. What is the validity date on most recent i94?


      • Anil
        Anil 7 Mar, 19 at 12:02 pm

        Online shows 24 Jan 2019. on i797 shows i94 date is Feb 2020.


        • Anil Gupta
          Anil Gupta 7 Mar, 19 at 12:11 pm

          As i already said, look at the most recent i94 that was issued with your H1B transfer approval (if the approval is the most recent activity).

          All other previous i94 are invalid now.


          • Anil
            Anil 7 Mar, 19 at 12:12 pm

            Recent i94 is Feb 2020 on approval notice. Just fyi, since i quit the company they revoked. my i94 is still valid?


            • Anil Gupta
              Anil Gupta 7 Mar, 19 at 12:21 pm

              No sure what is your confusion here.

              As I already said that all other previous i94 are rendered invalid the day you receive a new i94.


              • Anil
                Anil 7 Mar, 19 at 12:50 pm

                Sorry for confusion. I did went to india once the h1b approved in 2017 but i re enter in my old stamping visa which is 24 Jan 2019 that’s the reason in online i94 expiry date is showed as Jan 24 2019 not as 29 Feb 2020


  47. Bobby
    Bobby 6 Mar, 19 at 7:22 pm

    Hi Anil,
    I have recently changed job to company B and working as a contractor at client location. And my current H1B transfer got an RFE on speciality occupation (for company B) . So recently my client told that they will hire me as a full-time employee. So for full-time employers also ill get an RFE?


    • Anil Gupta
      Anil Gupta 6 Mar, 19 at 7:22 pm

      Anybody can get RFE and since the RFE is to prove speciality occupation, full time employer can also get it.
      That’s because the end job is same and USCIS is asking to prove that it is a specialty occupation.


      • Bobby
        Bobby 6 Mar, 19 at 7:22 pm

        Thanks Anil.


  48. Shekara
    Shekara 6 Mar, 19 at 11:28 pm

    Hi Anil, Thanks for all your effort. I am working for MNC and was working for Client A from 2016 to 2017 and my petition was approved for 3 years (till June 2019) , i94 is also same date. Our company didnt get contract extended for Client A. And I moved to Client B in Aug 2017.and started working. However my Amendment was denied in Aug 2018. Company refilled my amendment + extension in Oct 2018 with my prev approved petition which now has status of RFE due to unavailabity of strong client letter. Now can I try to move to the new client C with same employer before my i94 expiry (June-2019). Can you pls suggest if this is possile if cmpany files for Amendment+Extension for client C, is there any risk involved.


    • Anil Gupta
      Anil Gupta 7 Mar, 19 at 9:08 am

      Your question is out of scope of this article. Hence, I have added it to our forum and answered there.

      You can ask follow up questions on forum itself to get answer within 1-24 hours.


  49. divya
    divya 6 Mar, 19 at 8:51 pm

    Hi Anil,
    My H1B expires on 29th March’19. An extension petition was filed in Oct’18 and I got an RFE on 6th March’19. Can I continue to work after 29th March while my lawyers are still preparing a response for RFE? What are the rules on how long I can live in the US vs. work here after H1B expiry? Thanks!


    • Anil Gupta
      Anil Gupta 6 Mar, 19 at 10:42 pm

      You can stay in US and keep working upto 240 days after i94 expiry if your application is pending with USCIS.
      240 day rule


  50. Pavan, Batchu
    Pavan, Batchu 5 Mar, 19 at 2:37 pm

    Hi Anil,

    Thank you so much for your website and your quick responses to be handy to clarify most of the questions. One such question which I am still not clear is,

    I am on H1B with company A.
    Company B is the vendor between company A and my client.
    Now, company B is planning on to take me as a full timer and start H1B transfer from company A this mid March 2019 and I am happy to do that.
    My spouse who is on H4 visa is planning on to travel to India in the second week of April and return to the USA in the last week of May.
    As premium processing is not available and if the H1B transfer process initiated and in the middle of the process during the said travel time, is it safe for my H4 spouse to travel at all in first place and return back to the USA without any issue at the port of entry?

    We have our valid H1-B/H4 visa until Sept. 2020 with company A.

    Please clarify as the travel plan for my spouse is not avoidable 99%.

    Thank you in advance!


    • Anil Gupta
      Anil Gupta 5 Mar, 19 at 3:06 pm

      Your wife can travel and enter USA with her valid h4 stamp without any issues. There is no issue if your H1B transfer is pending at the time of her entry.

      Visa stamps from old employer can be legally used to enter USA. Do not worry.


      • Pavan, Batchu
        Pavan, Batchu 5 Mar, 19 at 3:06 pm

        Such a relief to know that. Thank you so much, Anil!


        • Anil Gupta
          Anil Gupta 5 Mar, 19 at 3:07 pm

          You are welcome. Let me know if you need more information.


  51. Andrey
    Andrey 4 Mar, 19 at 6:52 pm

    Hi Anil. Your website is a great resource. My H1B started on Oct 1 2016 with employer A. In Sept 2017 i got a new job with employer B who immediately filed for H1B transfer and i started working there on receipt. employer A withdrew the H1B in meantime. In June 2018 we received a request for additional evidence and submitted the required documents in July 2018. I-94 expired 08/31/2019. Today the H1B transfer petition was suddenly denied (haven’t received physical letter yet so don’t know the reason). Employer (mid-range online retailer where i work directly as an analyst, Masters Degree from a US university if it matters) is willing to refile and potentially we were even discussing filing for a green card for me (although that was before we received denial news)…

    1) Would i be able to continue working if my current employer refiles H1B transfer?
    2) If no to 1) – would i have to leave the USA while they refile? If so – when would i need to do this (immediately, in 60 days etc.?)?
    3) If my current employer decides to start greencard application for me – would anything change in regards to 1), 2)?
    4) Bonus – is there anything we can do besides sit and wait before we receive the physical denial letter?

    Thanks a lot,
    Andrey


    • Anil Gupta
      Anil Gupta 4 Mar, 19 at 7:57 pm

      Sorry to hear that.
      Your status is now ‘Unlawful presence’ after today’s H1B denial since your i94 has already expired.

      Your employer can refile the H1B petition but chances are low for approval if they can’t fix the denial reason.
      You cannot stay and work in US even if your employer files H1B again. You should wait for result outside USA and come back once H1B is approved.

      You should plan to leave US as early as possible and preferably within 10-15 days.


      • Andrey
        Andrey 5 Mar, 19 at 6:42 pm

        Sorry was a typo in my original post. Got the date right but not the word. Meant to write “I-94 expireS 08/31/2019″. Does this change anything? And thanks a lot for your responses.


        • Anil Gupta
          Anil Gupta 5 Mar, 19 at 9:00 pm

          The i94 validity only changes my answer to your status as “Out of status” now.

          You should still leave US within 10-15 days time.


          • Andrey
            Andrey 6 Mar, 19 at 8:59 pm

            Ok thanks for info!


    • Anil Gupta
      Anil Gupta 4 Mar, 19 at 7:57 pm

      Sorry to hear that.
      Your status is now ‘Unlawful presence’ after today’s H1B denial since your i94 has already expired.

      Your employer can refile the H1B petition but chances are low for approval if they can’t fix the denial reason.
      You cannot stay and work in US even if your employer files H1B again. You should wait for result outside USA and come back once H1B is approved.

      You should plan to leave US as early as possible and preferably within 10-15 days.


  52. Shravan
    Shravan 4 Mar, 19 at 8:22 am

    Hi Anil,

    Thank you, Your website has been very useful to troubleshoot VISA problems.

    I’m currently working for Company A and my H1B visa, I-94 are valid until Aug 2019.
    I was recently offered a full-time job by Company B (Startup company) and they’re in process of applying my H1B transfer which is likely to be sent to USCIS by mid of March. I will be moving to company B only after my H1B application gets approved as its a small company.

    Can I apply for another full-time job with Company C and submit another H1B transfer application considering if my application with Company B gets denied?

    With the suspension of premium processing for H1B transfers and extensions, What would be my best options here? If you can provide me some suggestions would be really helpful.


    • Anil Gupta
      Anil Gupta 4 Mar, 19 at 9:04 am

      You can file Company B and Company C H1B transfers.
      My suggestion is to join the new employer only after H1B transfer is approved.


      • Shravan
        Shravan 4 Mar, 19 at 9:14 am

        Thanks Anil. If both of my applications with Company B and C gets approved. I can join company of my choice and withdraw other application. Right ?


        • Anil Gupta
          Anil Gupta 4 Mar, 19 at 9:26 am

          Yes, you can join any company and withdraw the application for other.


          • Shravan
            Shravan 4 Mar, 19 at 9:36 am

            Thank you.


      • Shravan
        Shravan 4 Mar, 19 at 10:52 am

        One more question. If from Company B I got approval for 2 year and with Company C I got approval for 1 year.
        What will be my I-94 expiry date ?


        • Anil Gupta
          Anil Gupta 4 Mar, 19 at 10:53 am

          The company you join will define your i94 expiry.


  53. Siva
    Siva 3 Mar, 19 at 10:08 am

    Hi Anil,

    Employer A’s approved H1B valid with I-94 until Apr 20th,2019
    Joined Employer B which is a fulltime job on Receipt Notice and had an RFE on Specialty Occupation.
    Employer A already submitted a petition to withdraw my H1B but it is still not action-ed by USCIS.

    What are my options if Employer B’s Transfer petition gets denied.
    1. Can employer B re-file a new H1?
    2. Can I look for a new employer C to file a transfer petition.

    Are the above scenarios even possible with only valid H1 from Employer A being revoked? Any other options you can advise to extend my stay for few more months to be better prepared?


    • Anil Gupta
      Anil Gupta 3 Mar, 19 at 11:46 am

      Employer B can refile H1 after denial but you cannot work in USA until it has been approved. You should leave USA as you will be out of status after denial.

      You can look for employer C but cannot join them if you file Employer C H1B after Employer B’s denial.
      Employer A has already filed for withdrawal, so it is out of scope now for you.


      • Siva
        Siva 3 Mar, 19 at 1:08 pm

        Thanks for your response Anil. This means my best case scenario is to hope that my RFE response gets approved. Second best case scenario is to find an employer(C) to file my H1 before the denial of H1B filed by Employer B which is inprogress. Every other scenario would require me to travel outside United States and return back. Could you please confirm my understanding is correct?


        • Anil Gupta
          Anil Gupta 3 Mar, 19 at 2:34 pm

          Yes, that’s correct but filing Employer C Transfer is also risky after i94 expiry as your pending petition will become the bridge petition and will affect the new application result.


          • Siva
            Siva 3 Mar, 19 at 4:38 pm

            As I understand the only way I can prevent the case to become bridge petition is to find an employer who can file a H1B before my I-94 expiry date of Apr 20,2019


      • Siva
        Siva 5 Mar, 19 at 3:36 pm

        Hi Anil, Thanks for the clarification. Just wanted to understand, will I be out of status as soon as I have the denial notice from Employer B or (after 60 days from denial notice or I-94 expiry date whichever comes earliest). Could you please clarify. Thanks


        • Anil Gupta
          Anil Gupta 5 Mar, 19 at 3:37 pm

          You are considered ‘Out of status’ if you cannot keep working as per approved H1B’s terms and conditions.
          If you get a h1B denial, you cannot work for that employer and cannot run payroll even though you have valid i94.

          So, you are considered ‘out of status’ as you are not able to maintain your H1B status that’s printed on your i94.

          Does that make sense?


          • Siva
            Siva 5 Mar, 19 at 5:26 pm

            Thanks for your quick response Anil. You response time is equivalent to chatting with a friend and I highly appreciate your help and support to our community. I apologize but I am still confused why the the H1B grace period of 60 days cannot be used.

            https://www.am22tech.com/h1b-60-days-grace-period-uscis-rule/

            During the H1B grace period an employee will not have a job but will not be considered out of status as per what I read in your website above. My job with Employer B may be terminated if my H1 RFE gets denied. Do you think this rule is not applicable for H1B Denials? Thanks


            • Anil Gupta
              Anil Gupta 5 Mar, 19 at 8:19 pm

              60 days grace period is only for cases where you get laid off by your H1B employer.
              H1B denial is an explicit denial of work permit by USCIS and hence is not the criteria for 60 day grace.


      • Siva
        Siva 11 Mar, 19 at 5:05 am

        Thanks for clarifying Anil. It is clear for me that I will be out of status as soon as there is a denial from Employer B.

        1. But since I am in valid H1 status now( I-94 valid and working with Employer B on receipt). Can Employer C file a new H1B Transfer before uscis adjudicates the Employer B’s petition?
        2. I have stopped working with Employer A from November,2018 but as per case status on my approved h1 petition from Employer A, it seems they filed a petition to revoke my petition on Feb 20,2019( Correspondence was received but not yet revoked) Is the 60 day rule applicable from Feb 20,2019 or Nov,2018?

        Thanks


        • Anil Gupta
          Anil Gupta 11 Mar, 19 at 8:13 am

          Employer C can file H1B petition for you and you can join them too to stay in status if you file before your i94 expires.

          H1B 60 day rule is not applicable in this case.


  54. Mohini
    Mohini 1 Mar, 19 at 11:23 pm

    Hi Anil,

    I have H1B extension pending with company A and is in RFE and I-94 expired in May 18. Company B is filing my H1 transfer in regular since premium is not yet available. If I start working with company B on receipt notice, what happens if company A,
    1. Withdraw the extension petition or
    2. If extension gets denied.
    Also can I keep working in both scenario until company B petition is adjudicated or I will be out of status as soon as Company A extension is withdrawn or denied.


    • Anil Gupta
      Anil Gupta 2 Mar, 19 at 12:09 am

      It is very risky to join the H1B transfer employer on receipt after your i94 has expired. Your H1B pending extension will become a bridge petition and will affect the result of H1B transfer.

      If extension is denied, your H1B transfer cannot be approved without consular processing.
      If extension is withdrawn, you will be out of status as per my opinion.


      • Mohini
        Mohini 2 Mar, 19 at 9:16 am

        So as soon as company A H1B gets denied I would have to leave the country and stop working for company B even though transfer decision is still pending? Also can we convert pending transfer petition to consular processing what was initially filed as regular petition. Thanks alot.


        • Anil Gupta
          Anil Gupta 2 Mar, 19 at 10:45 am

          Ideally, you should leave USA if your extension is denied that was filed prior to i94 expiry.

          But, many people just stay back and wait for transfer result. It depends on what your Employer is comfortable with.

          If you leave USA, your H1B pending transfer will automatically change to consular processing.


          • Mohini
            Mohini 4 Mar, 19 at 10:53 am

            So while staying back can I work legally for company B if extention for A is denied or I can stay but cannot work?


            • Anil Gupta
              Anil Gupta 4 Mar, 19 at 11:03 am

              You should talk to your employer’s attorney to see if they can let you work.
              I think you will be out of status if company A extension is denied and you cannot work for company B with ‘out of status’.


  55. Sam
    Sam 1 Mar, 19 at 9:50 am

    Hi Anil,
    I have a valid VISA till Sept 2019(Company A). But I have changed to company B on July 2018 and they have applied premium on H1b transfer and that got denied after issuing an RFE. And immediately company B refiled another H1B transfer petition on october 2018 which was recently upgraded to Premium last week and today got an RFE.

    So my doubt is, what if this petition is also gets denied? What will be my situation? I dont want to go back to Company A as there is no project available. Can Company refile another petition and I can continue same work?

    Also I do not have I-140 and company B is in the process of applying it. SO Company B says, without I-797 approvals we can get I-140 in case I dont get H1b transfer approvals. Is that a true statement? Could you please clarify?


    • Anil Gupta
      Anil Gupta 1 Mar, 19 at 6:02 pm

      What is your i94 expiry date?


      • Sam
        Sam 1 Mar, 19 at 6:12 pm

        Sept -15 -2019.


        • Anil Gupta
          Anil Gupta 1 Mar, 19 at 6:32 pm

          Do you know if your company A has already withdrawn your h1B or not?

          As per my opinion, you cannot work if your H1B transfer gets denied. You are still working for company B and that itself seems to be a violation.

          i140 can be applied without H1B approval. That is fine.


          • Sam
            Sam 1 Mar, 19 at 6:42 pm

            You mean Company A withdrawn VISA? I dont think they did it.

            Company B — I am on receipt number and waiting for the result of petition.. ( this is re-filed one)


            • Anil Gupta
              Anil Gupta 1 Mar, 19 at 6:42 pm

              Ya..i meant Company A. I corrected it now.

              Even when the application is refiled after a denial, you cannot work for them as per my information.

              Did you talk to an attorney about this?


              • Sam
                Sam 1 Mar, 19 at 6:42 pm

                Yes I talked with them and as per their info, a 180 day clock started .. So within 180 day it needs to be approved.. otherwise I am not sure on next step.

                If this time also H1B denies, can I check with other employer for H1 transfer? Is that a legal way to work?


                • Anil Gupta
                  Anil Gupta 1 Mar, 19 at 8:46 pm

                  What is this 180 day clock?

                  Is this 180 day clock for your ‘out of status’? If it is, you have taken a really big risk with your status.


  56. Abhi
    Abhi 27 Feb, 19 at 12:50 pm

    I have approved H1 B petition in 2018 but unused, unstamped and I am in India. Planing to go on H4 visa after resigning from my comp. In future can I transfer my H1 to some other employer do I need to go through lottery again.


    • Anil Gupta
      Anil Gupta 27 Feb, 19 at 2:08 pm

      You can file for H1B transfer in future. But, It is strongly recommended to activate or use your H1B at-least once as early as possible.


      • abhi
        abhi 28 Feb, 19 at 12:08 am

        what if the employer revoke my petition which is filed,can i transfer after that also?
        once you said use your H1B at least one ASAP,i will try when i will be in USA with other employer but current employer is not willing to stamp my visa.
        Is it fine?


        • Anil Gupta
          Anil Gupta 28 Feb, 19 at 9:15 am

          You can still legally file for H1B transfer later even when your employer revokes it.
          It should be fine to file for H1B transfer once you are in USA on H4 visa.


  57. Rajendar Reddy
    Rajendar Reddy 25 Feb, 19 at 5:29 pm

    Hi Anil,

    Here is my scenario
    1. My H1B expired on December 21, 2018 and extension has been filed on December 3, 2018.
    2. I got the offer in new employer (eliassen group) as FTE and end client is Dassault systems.

    My questions are:
    1. Can I switch to new employer on transfer receipt as premium processing is suspended?
    2. If yes, what happens when old employer H1B extension got rejects? Do I need to leave the country to get stamped?
    3. What happens when I get stamped before my old H1B extension is still pending at USCIS? Do I bother about if it’s rejected?

    Appreciated your help. Thanks.


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 6:36 pm

      I do not recommend to join new employer on receipt now as your i94 has already expired.
      If you join now, your current H1B pending extension will become a bridge petition and will affect the result of H1B transfer application.

      If your bridge petition is denied, your new H1B transfer will either be denied or will be approved with consular processing.


      • Rajendar Reddy
        Rajendar Reddy 14 Mar, 19 at 10:04 am

        Hi Anil,

        Thank you for your reply.

        As I explained above about my situation, Can you tell me what happens when my H1B transfer is approved/rejected (through premium processing) before my current extension comes to decision (my current employer didn’t want to go through premium processing)?

        If transfer approved, do I need to bother about my extension decision.
        If transfer rejected, can I continue with my current employer as extension is still pending or shall I have to leave the country.

        Thanks.


        • Anil Gupta
          Anil Gupta 14 Mar, 19 at 6:55 pm

          The chances are very high that you will get an RFE on your H1B transfer application and will ask you to wait for extension result.


  58. P & U
    P & U 25 Feb, 19 at 3:50 pm

    On July 31st – 2018 my current H1B Validity + I-94 was expired.
    2. We filled an Extension with my Client ‘A’ in timely manner.
    3. We received RFE on the Extension petition filled with Client ‘A’.
    4. My Project with Client ‘A’ was completed & got a new project with Client ‘B’.
    5. We Filed an Amendment + Extension petition with Client ‘B’. (on Nov-8th-2018)
    6. RFE Status on the Extension petition filled with Client ‘A’ was updated to “Withdrawal”.
    7. My project with Client ‘B’ was completed & got a new project with Client ‘C’.
    8. We Filed an Amendment + Extension petition with Client ‘C’. (on Jan-24th-2019)
    9. On 01/30/2019 we received RFE (Maintenance of STATUS) on the Amendment + Extension petition with Client ‘B’. – Attached
    10. On 02/13/2019 We received RFE (Asking to reply to the Client B petition RFE) on the Amendment + Extension petition with Client ‘C’. – Attached.
    11. My Project with Client ‘C’ was completed & got a new project with Client ‘D’.
    12. I started working with client D from 02/11/2019 & submitted all the client letter/ Vendor Letter + PO with 12 plus months for my new Amendment + Extension with Client ‘D’ need to be filled.

    Questions:

    1. Can we respond back to the Client B’s RFE in premium processing & get approval?? Since it was filled before Dec-21st 2018 & eligible for Premium processing??
    2. Can we reply back back to RFE 1 + RFE 2 in the same response with premium processing??

    Appreciated your help…!!


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 3:50 pm

      Wow.wow…wow. wow..
      This is the first case that I have seen in so many years with so many applications pending with USCIS back to back!

      You can upgrade your Client B application to premium as it was filed before Dec 21, 2018.

      You should reply to all RFE requests as per the instructions mentioned in the RFE letter sent by USCIS.

      Do share the result with us once you have sorted all these out as I am interested to know why your employer withdrew Client A petition when your i94 had already expired. This is probably the reason behind these RFEs.


  59. Rohun Sharma
    Rohun Sharma 25 Feb, 19 at 1:20 pm

    Hey Anil,
    I am currently working for Microsoft on h1b visa and i94 is valid till Dec 13, 2019. I have got h1b transfer receipt for the new company Google. My transfer case was filed on Jan 30 2018. Since premium processing was just initiated for cases filed before Dec 21 2018, my application is still under regular processing. I want to ask how safe is it to move to a company like google on receipt? Tentatively, when do you think USCIS will start premium processing for my case? What will you advice me to do?


    • Anil Gupta
      Anil Gupta 25 Feb, 19 at 1:21 pm

      Congratulations. I have no words to say that there should be no confusion in joining Google!

      Google has 99% H1B approval rate as per latest data from USCIS released on Feb 22, 2019.

      As per my opinion, you can join Google on H1B transfer receipt with no issues.

      There is no information available from USCIS on when they will open the premium processing in near future.


      • Rohun Sharma
        Rohun Sharma 25 Feb, 19 at 1:36 pm

        Thanks fo rhte prompt reply Anil. How old is the data shown in H1B Denial & RFE Rates Increase for Consulting Company? I mean is it data from last year approval rejection? Have we seen an increase in rejection rate during this new USA government and recent stricter h1b screening?


        • Anil Gupta
          Anil Gupta 25 Feb, 19 at 1:37 pm

          Data is for period up-to 31 Dec 2018 and was published by USCIS on Friday (Feb 22, 2019).

          The rejection rate has increased for H1B application especially with Consulting companies after the Trump government came to power.
          On that page, i have shared data for both consulting and product based companies separately.


  60. ali nawaz ahmed
    ali nawaz ahmed 23 Feb, 19 at 7:40 pm

    Hi Anil,
    I was initially working in US on H1B visa until August 2017. Then I moved to Canada and have been working here since then. My old Petition expired on December 2018 but it was valid when I moved to Canada. Now, is it possible to do H1B transfer under or file new petition under premium processing so that I could start working in US? Please advise


    • Anil Gupta
      Anil Gupta 24 Feb, 19 at 12:09 am

      You can file H1B transfer if you have not used your H1B full 6 year quota.


  61. Akhila
    Akhila 20 Feb, 19 at 10:20 pm

    Hi Anil,
    My initial H1B visa was expired on feb 6 2019 and i94 was expired on feb 15 2019…
    My current company filed my H1B extension in normal processing on Feb 1st 2019 and it is in process…
    And now I got an opportunity with other company and they are planning to do my H1B transfer

    So is it possible that my H1B transfer will be processed in 2 weeks if I do it in premium or will it go in a queue since there is already my extension in process ?
    Once my H1B transfer is approved can I withdraw my extension with old company ?
    Right now I am in the grace period of 240 days since I filed my extension
    Can I transfer my H1B to new company now ?

    Please help me


    • Anil Gupta
      Anil Gupta 20 Feb, 19 at 10:38 pm

      Your H1B pending extention will become a bridge petition for your H1B transfer application because your i94 has expired.

      If you decide to file H1b Transfer now, i strongly suggest to wait for its approval before joining the new employer.

      Premium processing is not available for H1B Transfer at this time.

      Once you join new employer, your old employer will be obligated to withdraw their petition anyway.


  62. anjali
    anjali 20 Feb, 19 at 1:34 pm

    Hi Anil,

    I’m working as a contractor for a company. Recently they offered me Full-time and are also willing to initiate Premium.
    Do you think Premium will be open anytime soon for new H1 Transfers?
    Also what is the risk if i join them on receipt?

    Thanks


  63. Pallavi Sharma
    Pallavi Sharma 19 Feb, 19 at 3:12 pm

    Hi Anil, if company A terminated an employee and 60 days grace period starts. Assuming company A withdrew H1b petition after termination then candidate gets a job with company B and company C, and wants to become employee for company C. But company B immediately starts H1 transfer process and company C goes slow and takes it own time.
    (1) Can candidate join company B on receipt within 60 days grace period only.
    (2) Can candidate join company C on receipt after joining company B on receipt within the initial 60 days if company C is able to file the transfer process before 60 day grace period ends.
    (3) If company C initiated transfer process after company B and Company B got the receipt first then can candidate join company C on receipt without joining company B on receipt within the initial 60 days if company C is able to file the transfer process before 60 day grace period ends.


    • Anil Gupta
      Anil Gupta 19 Feb, 19 at 6:15 pm

      Candidate can join any company B or C within 60 days on receipt.
      Candidate can also transition from B to C or C to B or whatever company after filing H1B transfer within H1B 60 day grace period.

      Just make sure that i94 has not expired before filing and joining the new employer. If i94 expires anytime before 60 days grace, the timer stops right there and candidate should LEAVE USA.


      • Pallavi Sharma
        Pallavi Sharma 19 Feb, 19 at 8:21 pm

        Thanks a lot Anil for quick response, this really helps. I94 is valid till dec-19.

        Related query on “Candidate can also transition from B to C or C to B or whatever company after filing H1B transfer within H1B 60 day grace period.” :

        Question 1: If candidate transitions from B to C on receipt during grace period after joining B on receipt post termination from A then do transfer result of C in regular processing will depend on result of B (if B did not withdraw application) or transfer decision for C will depend on A only

        Question 2: Does 60 day grace period apply to job termination on approved petition only or it also applies for pending petitions


        • Anil Gupta
          Anil Gupta 19 Feb, 19 at 8:47 pm

          Transfer decision will NOT depend on each other if i94 is still valid.
          Employer A will anyway withdraw the application, so A is out of picture.

          60 day grace period applied to approved H1b 3 year term. Pending applications are out of scope.


          • Pallavi Sharma
            Pallavi Sharma 23 Mar, 19 at 6:15 pm

            Hi Anil,

            This is follow-up query to above scenario on “Candidate can join any company B or C within 60 days on receipt.” :

            Question 3: Company B filed transfer in regular but company C filed in premium now and if candidate joins C on receipt/approval during 60 days grace period without joining B on receipt post termination from A then do company B can claim any transfer/attorney/other fees from candidate as candidate will not be able to join company B due to the circumstances, candidate did not sign any contract and employment is at will.

            Question 4: What should be good enough reasons that candidate can give to company B to avoid any conflicts or charges later for not joining B


            • Anil Gupta
              Anil Gupta 24 Mar, 19 at 8:17 am

              Legally, H1B Employer has to pay all the fees.

              I cannot suggest any reasons. You have to handle it yourself.


  64. Roark
    Roark 17 Feb, 19 at 8:03 am

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

    Could you explain this statement please? Why are the risks if my new H1B sponsor is a large investment bank?


    • Anil Gupta
      Anil Gupta 17 Feb, 19 at 9:00 am

      The H1B transfer denial risk is very low in case your H1B employer is giving you direct end client full time employment.
      The H1B transfer denial risk is very high if you are going to work for some investment bank as a consultant and employer on H1b with a small consultancy firm.
      The H1B transfer denial risk is medium if you are joining a large scale IT consulting firm and will work on project for long term investment bank project.


      • Roark
        Roark 25 Feb, 19 at 3:08 pm

        My current I-94, which is for a consulting role with an investment bank, has already expired.
        Now suppose I join my new role , which is a direct role with another investment bank, based on the H1B transfer petition receipt during the 240 day period. In both cases, if the petition is denied I have to leave the country immediately.

        Wouldn’t resigning from my current role and joining the new FT role based on transfer petition be a safer bet, as the new FT role transfer petition has a lower probability of rejection than my current consulting-based extension petition?


        • Anil Gupta
          Anil Gupta 25 Feb, 19 at 3:50 pm

          That’s your decision to make.
          Whenever you join the new employer on H1B transfer receipt after your i94 has expired, the currently pending H1B application becomes a BRIDGE petition meaning that it will affect the result of your H1B transfer.

          I have covered many scenarios here for H1B transfer before or after i94 expiry. Check them.


          • Roark
            Roark 25 Feb, 19 at 6:59 pm

            That link was helpful. But won’t my current employer withdraw the existing extension petition anyway after I resign?

            Specifically, how will the withdrawn petition still impact the transfer petition?


            • Anil Gupta
              Anil Gupta 25 Feb, 19 at 10:27 pm

              If they withdraw, then the chapter is closed then and there. It cannot cause any issues later with its approval or denial.


              • Roark
                Roark 28 Feb, 19 at 6:48 pm

                thanks for clearing this up


  65. Purva
    Purva 16 Feb, 19 at 9:36 pm

    If H1B transfer to B is denied, and you find a new sponsor (say C) more than 60 days after the denial, will the new sponsor file a cap exempt petition or will the petition be cap subject?


    • Anil Gupta
      Anil Gupta 17 Feb, 19 at 8:52 am

      You can file cap exempt H1B application anytime until you have used the full 6 year H1B quota. It does not matter whether you find a new employer within 60 days or after.
      The 60 days H1B grace period is only to STAY in USA and find a new employer.
      If 60 days are exhausted without finding a new H1B sponsor, you can go out of USA, find a new employer and then file cap exempt H1B.


  66. Poonam Vagale
    Poonam Vagale 13 Feb, 19 at 11:31 am

    Can a new h1b transfer from company B to C be filed(and start working for C in receipt) while B’s Petition is pending in RFE state(started working for B also with receipt). Company A’s Petition and I94 is still valid.


    • Anil Gupta
      Anil Gupta 13 Feb, 19 at 11:43 am

      If your Company A has not withdrawn the h1B petition yet, then you can start working with Company C on receipt.


      • Poonam Vagale
        Poonam Vagale 13 Feb, 19 at 12:22 pm

        In the same case. If B’s petition is denied. Are we out of status? Or can we remain in US and file transfer with new company and start working for it? We have Company A’s I94 valid till Aug 2019. Company A has still not withdrawn or revoked it’s H1b when we checked online.


        • Anil Gupta
          Anil Gupta 13 Feb, 19 at 12:57 pm

          If Company B’s H1B is denied, then you can go back to Company A and maintain your H1B status (if its still not withdrawn).
          You have to keep working on H1B somehow to keep the status maintained.

          If do not work or run H1B payroll, you will be considered ‘Out of status‘.


          • Poonam Vagale
            Poonam Vagale 13 Feb, 19 at 1:33 pm

            Company A doesn’t have any projects here. We can join a new employer C right? And continue on receipt till approval or denial of C’s petition? B’s denial doesn’t matter right?


            • Anil Gupta
              Anil Gupta 13 Feb, 19 at 1:46 pm

              B’s denial does not matter until your Company A does not withdraw application. Usually, if i94 is valid and you have maintained h1B status, you can move to new employer.


              • Poonam Vagale
                Poonam Vagale 13 Feb, 19 at 1:47 pm

                Thanks a lot 🙂


            • Poonam Vagale
              Poonam Vagale 26 Mar, 19 at 12:07 pm

              Hi Anil,
              This is again regarding the same topic I have discussed above. When Company C’s petition is being filed, if they ask for paystubs..We will have Company B’s paystubs and Company A’s Valid i94 petition..what if they don’t apply for transfer because of this mismatch?


              • Anil Gupta
                Anil Gupta 26 Mar, 19 at 12:40 pm

                I do not understand your question as to what do you want to do.
                I have clearly explained and answered in my earlier answers about what can be done with Company C transfer.


                • Poonam Vagale
                  Poonam Vagale 26 Mar, 19 at 1:03 pm

                  This is the question.
                  Will Company C initiate transfer while Company B’s transfer is in RFE state and Company A’s petition is valid till Aug 2019?
                  In this case if Company C asks for last 3 paystubs, We have Company B’s paystubs (as my husband started working for B on receipt and he is working since 6 months). Is it ok if we provide Company B’s paystubs and Company A’s original petition? As his original petition’s company and current company are different.


                  • Anil Gupta
                    Anil Gupta 26 Mar, 19 at 1:15 pm

                    I do not see any issue unless Company A has withdrawn their petition. I have already answered it earlier too.


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