Can I do H1-B transfer under a pending H1-B extension

jaxen2

Registered Users (C)
#2
H1 Transfer when Extension is Pending.

Yes you can. But the caveat is , if the current employer withdraws the extension after learning about your jumping from the ship, your H1 transfer is also jeopardized.
If your current H1 has already expired then you will start accruing out of status time which is not good for the future.

Best solutions in the order of preference are
1. Do premium processing in both cases. (Start transfer after Extension approval)
2. Do premium processing for the H1 extension and then after approval of which you can start a normal H1 transfer
3. Wait till Extension is approved, before starting Transfer
4. Do a new H1 for company B - H1B cap problems might be there. You need to wait till approval of H1B to join the company. Once again risk of extension withdrawal if new H1B is approved before extension.

5. And finally dont keep asking the same silly question again in this forum. Browse archives before posting a question.
 
Last edited by a moderator:

saigc

Registered Users (C)
#4
jaxen2

as long as a person has pending h1 extension or h1 transfer they are in valid status.

original poster can transfer to another company without any issues. even if his current employer withdraw his/her extension he/she will be in valid legal status based on the pending h1 transfer (new petition).
 

Jim Mills

Registered Users (C)
#5
saigc said:
jaxen2

as long as a person has pending h1 extension or h1 transfer they are in valid status.

original poster can transfer to another company without any issues. even if his current employer withdraw his/her extension he/she will be in valid legal status based on the pending h1 transfer (new petition).
Not exaclty true.

It is a bridging issue. If the first employer cancels processing of the extension, and the I-94 is no longer valid, the Service will deem the alien not to have been in valid status when the second H-1 was filed and will therefore not issue I-94s with the approval. The alien will be deemed to have overstayed his visa.
 

gc999999999

Registered Users (C)
#6
H4 extension with expired I94 for KID

what are the chances of rejecting H4 extension for 6 yrs kid here is US whose I94 is expired 9 months back?Parents are in valid H1 status
 

Jim Mills

Registered Users (C)
#7
gc999999999 said:
what are the chances of rejecting H4 extension for 6 yrs kid here is US whose I94 is expired 9 months back?Parents are in valid H1 status
Three years ago, the chances would have been much better. A year ago (due to the "zero tolerance" memo, the chances would have been much worse. Now I would say about 50-50 if the attorney filing the case knows how to present it.
 

xlmicro

Registered Users (C)
#8
New H1b while h4 extension is pending

Here is my friend Anitha's case:
She is currently on H4,her husband is on H1b.
Her husband changed job in april'04 and the new company has filed for h1b transfer( in April 1st week with a receipt date of 4/9/04) and also they filed for her h4 extension.The cases are still pending with VSC(regular processing).

Both Anitha's & her husbands i-94's have expired on April 15th 2004. Since their cases are still pending with VSC they have a legal status.

Here is my question:
Now My friend Anitha, has got a new job offer and the firm is willing to do a premium processing for new H1B with a start date of october 1st,2004.

Is it possible for her to change status from H4 to H1b? can her dependents change their status too?

In case her new h1b is approved(premium processing) in July'04 ,can she still maintain her legal status till Oct 1st,2004?

Any feed back is appreciated.

Thanks for your help.

-Mrs.Madhuri
 

Jim Mills

Registered Users (C)
#9
The situation is complex and timing is an issue. I see no benefit in using Premium Processing at this point. It is critical that the H-4 get approved BEFORE the H-1 since her current status is entirely dependent on the H-4 EOS application (I hope it was timely filed). Your friend is really going to need to speak to the immigration attorney who will be handling the H-1B since this is too fact specific and has too many potenialities and variables to handle in this type of forum. Basically, I don't think there is any significant problem but the situation must be handled properly with an eye to ensuring that the H-1B is the last application approved.
 

gcdream2005

Registered Users (C)
#10
H1B transfer question

My friend transfered H1B from Company A to Company B. When her transfer is pending she applied for transfer to Company C. Both of her H1Bs got approved. Whom should she work for? Can she work for Company B or should she join company C.
 

sunnyrock75

Registered Users (C)
#11
I would appreciate if Jaxen2 or Jim Mills or any other person with experience or knowledge in this area to please answer my questions ASAP.
(1) Correct me if I am wrong, an H1-B transfer is nothing but filing a new H1-B petition?
(2) I have an H1-B petition pending adjudication with the UCIS. This petition was filed in the last week of September 2004 for which I have received a LIN number as well. I am currently on an F1 student visa status (Optional Practical Training), which is valid till May 2005. I have recently obtained a full-time opportunity in a university, which is ready to sponsor a new H1-B visa for me. I was wondering if the filing of a new H1-B petition by the university will in anyway be jeopardized as I already have H1-B petition pending with the UCIS. Do I need to go in for premium processing with the new H1-B filing?

Thanks.
 

rahulraj_best

Registered Users (C)
#12
Hello there,

You are the best person to answer any question on this board. Please answer this one for me...I am on a H1B visa (H1B ammended and approved till Dec 30 2004), I94 validity till Dec 30 2004. My employer filed for my H1B on December 24 2004. Receipt number not yet received. Please do let me know if I am on legal status now? and Can I travel out of the country?

Thanks
Rahul Raj
 

jayesh_a_joshi

Registered Users (C)
#13
Hello There,

I have similar issue. Except that my H1B is an application for fresh Visa and not an extention. So I am still not in USA.

So at what stage will it be advisable to join the employer "B"?

Thanks,
JJ
 

DD2003

Registered Users (C)
#14
H1B transfer pending the previous transfer

Applied for H1B transfer from company A to B and it is under H1B transfer process (regular processing).

Can one move to company C and file for H1B transfer from this new company C. B's H1B transfer approval is till pending...
 

khogaye

Registered Users (C)
#15
stamping QUESTION

I Came To This Country In 2000 On A Visitor Visa Then Changed To F1 And Then To H1. However The Passport Has Not Been Stamped Till Date. Please Let Me Know The Ways To Get The Passport Stamped. I Have Heard That A Lot Of Cases Like This Has Been Rejected. Is It A Rumor Or Truth?? I Wish To Visit India But Haven't Been Able To Just Due To This Reason. Any Suggestion Or Real Life Example Would Be A Great Help.
 

hiransarva

Registered Users (C)
#16
H1 Question ?????

Hi,

X company is applied my h1b and Once I get my H1b I can start working from Oct 1st. But I found a better job in Y and they are ready to do my h1 transfer. Can I do H1b transfer before I join X company. Is there a time limit for H1b transfer. I am in US on J1.

Please advice ????

Thanks !!....HS
 

gaur

New Member
#17
I am in same situation

gcdream2005 said:
My friend transfered H1B from Company A to Company B. When her transfer is pending she applied for transfer to Company C. Both of her H1Bs got approved. Whom should she work for? Can she work for Company B or should she join company C.
Hey, did you get answer to your question. I am in the same situation. Please reply
 

seekinggc_ssk

Registered Users (C)
#19
Jim Mills said:
Not exaclty true.

It is a bridging issue. If the first employer cancels processing of the extension, and the I-94 is no longer valid, the Service will deem the alien not to have been in valid status when the second H-1 was filed and will therefore not issue I-94s with the approval. The alien will be deemed to have overstayed his visa.
Jim,

Can you help me ..

I am into my 6th year. My I-94 from company A expired 10 days back. My H1 transfer from company B is pending for almost 8 months since that company is under scrutiny by USCIS. So also I have applied for 140 and 485 thru company B which are also pending. What are the chances of me getting a H1 approval if I now apply thru company C.
 

YeahRight!

Registered Users (C)
#20
situation

I don't happen to see the answer to this question, so I am requesting if anyone knows about this.

I came to US in F1 status. Just graduated, MS degree. I found a company and they filed my H1B. It has not been approved yet. BUT I think the company takes way too long to find a job for me. In the meantime, I talked to other company and I am willing to go to the second one. At this time, since my H1B is pending in Nebraska Center, is it possible I can join the second company without knowing what will happen to my applied H1B process? Anyone knows if this option is possible? Please advise. I will highly appreciate your help. Both the above companies are consulting companies. Right now, I am in Optional Practical Trainning.

Thank You.
 
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