H1 transfer pending and I-94 Expired

S

strugglingonh1

Registered Users (C)
Hi Folks,
I came to US in 2006 with company A on H1. In Nov, 2007 I switched to Company B. My H1 application was applied with company B before started working for them. But the H1 application is still pending and my I-94 expired from Sep 30, 2008..
Attorney of my company B says my work authorization expires effective from 240 days from I-94. When I contacted another attorney he says, I am eligible to work for next 3 years from Nov, 2007 under AC21 and also suggests me to file writ of mandamus against USCIS. My H1 is pending in security check pending status since Oct,2007.
Please let me know if you have any idea on this.
 
2nd atorney is wrong on his answer that you are eligible to work for three years. about his idea of lawsuit, that may help. comparing the two guys, first one is correct you are allowed to work upto 240 days from I94 expiry. but you can legally stay beyond 240 days(NO work tho) until H1b is approved.
 
Final Clarification

Hi,

The first attorney was from my employer and second attorney was from murhty. After getting the response from the forum i went back and asked my employer's attorney. This time he confirmed me that second attorney was correct. This is allowed under AC21 portability act. Also i had confirmed the same thing with USCIS yesterday.

So final conclusion.

If you have applied for H1 transfer when your I-94 is valid. In the case when your I-94 is expired and H1 is still pending, then there is no limit on work authorization as long as the H1 is pending. But 240 days limit for work authorizarion come into play, if the extension has been filed by the same employer, not a case of transfer.

Thanks to all those who responded to my query.
 
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