New I-94 with H1 Transfer?

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vishsh

Registered Users (C)
Needed some clarificaiton on H1 transfer:

Does "Transfer" of H1 basically mean applying for "Extension of the status (H1)"? Then in that case, does the transfer approval come just like the new H1 approval comes - with the approval slip at the bottom left and a new I-94 at the bottom right of the Notice of action form? If the I-94 is not included by USCIS with the transfer approval, then does the beneficiary have to leave US immediately and enter back with a new I-94 card?

Or should the H1 transfer approval "not" have I-94 attached to it?

Thanks.
 
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Needed some clarificaiton on H1 transfer:

Does "Transfer" of H1 basically mean applying for "Extension of the status (H1)"? Then in that case, does the transfer approval come just like the new H1 approval comes - with the approval slip at the bottom left and a new I-94 at the bottom right of the Notice of action form?
---- Yes, transfer approval will have new I-94 attached at lower part and that will be your recent I-94
If the I-94 is not included by USCIS with the transfer approval, then does the beneficiary have to leave US immediately and enter back with a new I-94 card?
--- YES
Or should the H1 transfer approval "not" have I-94 attached to it?
---- If no issue with status violation then H1 transfers notice comes with new I-94 attached with it
 
Update

I have confirmed that my transfer of H1 has been approved, (just checked the status online with the receipt number). In my case there was a gap of about 25 days (lost my previous job and the difference between the last day of work with the previous employer and date of receipt of transfer was around 25 days - finding the new employer and formalities took 3 weeks!

I just checked the status of my case on the USCIS website and it shows the following information:

"Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status:
This case has been approved. On March 30, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283."

This is all exactly what it says. Nothing else, so I don’t know if they have sent the new I-94 with it or not, is there a way to find that out for sure before getting the actual H1 papers in hand (which may take another 10-15 days)

Should it ALSO say something like "the appropriate Consulate or port of entry was notified by cable, telephone or fax of the approval of this case......etc....." to indicate that the new I-94 was not given with the transfer?

I can wait for the H1 papers to come and find that out, but I guess the earlier I know about I-94 the better it would be because – “in case” if I don’t get it, then:

(1). I have been working for my new employer since the date of the receipt of the transfer and I don’t know if that will be technically counted as unauthorized employment? Can anyone say if it was OK to work during this period- from date of receipt of transfer until the day I know that I-94 was not included, so I need to re-enter with new I-94?

(2). Would I have technically “accumulated” the number of days as 'Out of Status' right from the last day of work at the previous employer until the day I leave US to get the Visa stamped and the new I-94? If YES, then the earlier I know, the earlier I can leave US.

These are the questions that I don’t have answers for, and I would really appreciate if someone who knows can tell me - if there is a way to comprehend from the status information above –to know for sure whether I was given a new I-94 with the transfer or Not.

Thanks
 
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I am hoping for the same, just keeping fingers crossed for now. If it comes with Consular Processing, that would really mess things up for me. Thanks for your help.
 
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