Authorized Stay while H1 Transfer petition is pending

H1B Visa
1

Hi Anil,

I am currently working with Company A, the employer filed extension before 797 expiry. In the meantime other employer company B filed transfer application after 797 expiry but before I94 expiry (10 days apart from 797 expiry).

Company A upgraded my extension application to premium and they have received RFE.

I do not want to join Company B unless the H1 transfer is approved. Company B is not ready to premium process the transfer application.

If Company A’s H1 extension is rejected, can I start working with Company B?
How long can I stay in the US in that situation and will my stay be considered as authorized?

Thanks,

2

You can start working for company B based on their pending H1B application.

3

Thank you Anil, but if Company B’s visa gets rejected then do I get out of status from the date of I94 expiry? If it happens how it will impact my GC.

4

Since, you have already filed H1B transfer before i94 expiry, you can maintain your H1b status by joining the new employer based on transfer receipt.

5

Thank you Anil, another question…if I leave US in case Company A’s visa gets rejected, will Company B’s visa petitions gets abandoned? Or USCIS will still process it and provide decision on it?

6

H1B transfer application can still stay active but can only be approved with consular processing if you leave USA.

You will not be able to come back to US until your H1B transfer is approved and you have got the H1B stamped in your passport.

7

A post was split to a new topic: Is it true that 240 day rule not applicable to transfer application?