We have applied for H1 extension with current employer A in premium processing.
I got RFE and we responded back to RFE last week. We are currently waiting on RFE response from USCIS.
My existing I-94 validity till : Sep 11,2019.
My question is : If H1 extension is denied with current employer A, can I apply for H1 transfer with new employer B by staying in US?
Thanks Anil for the clarifcation. Just want understand more about below statement
“If i94 expires, then you can file transfer but cannot stay in US. You should go outside and wait for your transfer approval.”
My current I-94 validity is till Sep 11,2019. You mean to say I can file transfer even my I-94 is expired and leave the country and wait for approval. My question is how many days we can stay in US after I-94 expired in case of H1 extension is denied
I have another question. If my h1 extension is denied by Sep 5th, 2019, and my I-94 is valid till Sep 11th 2019, how many days I can stay in US to find for another opportunity?
Today attorney shared about my H1 extension status. I got NOID and they gave 30 days the time till Sep 30th,2019 to respond that.
They are asking about specialty occupation. They are not clear on job duties which I perform are come under specialty occupation.
could you please let me what the options I have
Can I apply H1 transfer with new employer after my current I-94 expiration date Sep 11th, 2019 by staying in US , as I got the time to respond to existing H1 NOID till Sep 30th 2019 or I can apply H1 transfer only on or before my current I-94 expiration date Sep 11th 2019.
Also can you please any details how to respond on specialty occupation in a better way?
I will try to apply H1 transfer with new employer before i94 expiry, not sure on that as I have less time to do that.
Regarding Bridge scenario, I have read one of your response
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
Does it means my pending extension NOID result with current employer may affect the H1 transfer result ? I mean if NOID is denied, H1 transfer with new employer also will be denied ?
If I apply H1 transfer with new employer after i94 expiry in premium,
a. Let say if if is approved before my pending extension H1 NOID date Sep 30th.
do I need to go back to India for stamping ?
b. What if H1 tranfer result does not come before my my pending extension H1 NOID
date Sep 30th
I really appreicate your time giving your inputs on my situation
As you said “The bridge petition affects the result the next petition in the queue”.
Let say if H1 transfer which I will be applied after my i94 expiration is approved before my existing H1 NOID date Sep 30th 2019, what happens to NOID ?
Based on my situtation, what would be best option to do ? Please consider that I dont have suifficent time to apply H1 transfer before my i94 expiration date, I can apply for transfer after my i94 expiration date Sep 11 2019.
As you suggested earlier “My suggestion is file transfer before your i94 expires to avoid the bridge scenario” in case if I have option for H1 transfer.
My question here is since I have less time, is that fine to apply only LCA before I-94 expiration date and remaining process later or we need to submit all the forms including LCA,I-129 etc before i94 expiration date itself ?
As we discussed in this thread about my situtation
For my current H1 extension employer A received RFE, then after NOID. I have time to respond to NOID till sep 30th.
I-94 is already expired.We are working to give strong response with all proper documentation to NOID.
Now I have got an opportunity with another employer B .
As you mentioned earlier chances H1 transfer approval are very low, even they can put in RFE and they wait till my current H1 extension result. You also said even if they approve , it will be in consular processing.
Let say if H1 transfer is intiated and got the reciept from employer B and later if H1 extension with my current employer A is denied
Can I stay in US and start working for the company B ?
Please suggest me the options I have to stay back in US without leaving the country
Thanks Anil for the reply. We are trying to give strong response by giving all the required documentation for NOID. Noid is issued not for my H1b lottery. After that I moved to different ccompany and now we applied extentsion .
I wanted to stay with my current employer A only. Hoping to get this NOID approved.
I am thinking about the options to stay in US in case if NOID is rejected. Due to that I am thinking about the getting the H1 transfer reciept in hand, before NOID decision if that is a good idea.
We are working on NOID response and next week we will submit the documentation to USCIS(NOID due is Sep30 ).
Please suggest me the option to stay in US in case of NOID is denied.
Now I have an offer with another employer B and they are ready to file H1 trnasfer.
What would be better time to initiate the transfer to have another option in my hand.
I went through all your suggestions. Thanks for your time and really appreciate that.
I understood that I need to focus on NOID approval. We gave strong response now and waiting for the decision. Probably I will come to know next week about the result.
Please suggest me on this question . I am planning to apply H1 transfer based on extension result to avoid bridge. In case if my H1 extension is denied, Can I apply for H1 transfer with another employer in Us and after that leave the country within 10 days and wait for H1 transfer result?