File H1B Transfer After i94 Expiry Questions & Answers

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39 posts were split to a new topic: H1B transfer - Questions & Answers Archive 2019

A post was merged into an existing topic: Impact on outcome of H Extension petition after Denial of h1b transfer

Hi Anil.
I had told about this situation earlier…My husband joined Company B and transfer was from Company A’s valid petition… He got an RFE for B’s petition, Then my husband joined Company C using Company A’s valid petition and Company B’s paystubs. Now he has got an RFE for C’s petition regarding maintenance of status. He has all the paystubs and w2’s. Company B’s last paystub was generated 3 months late and it mentions pay period as Aug 1st to August 31st. But it has to be May 1st to 17th. Company C’s petition was received by USCIS on May 1st. Will it be a denial if we submit that paystub or we don’t submit it at all? Old employer is not ready to correct that mistake in Paystub.
Now Company

Hi @Poonam_Vagale

You have posted for the first time and you started your message that ‘you have posted earlier’?

I don’t understand your situation at all.

When was all the applications filed? Before i94 expired or before?

Why didn’t the company B run payroll? How did your husband maintain H1B status without running payroll?

Hi Anil,

Really appreciate all your prompt responses on all the queries.

My Visa was approved till March 2020 hence I had I797 and I94 validity till March 2020. I filed location change amendment with same employer for same client in July 2019 it got approved but with new validity 31 Dec 2019. On new I797 I did not get any I94 info and when I am checking online it is still showing I94 Validity as March 2020.

Now I have applied for Extension in Dec 2019 from my current employer A now I am getting better opportunity with another employer B.

So now if employer B will apply for my Transfer in premium will my current extension case will act as Bridge case. Provided that still my I94 is showing valid till March 2020 and I797 was expired on 31st Dec 2019.

Need your advice…

Hi @VikyS

You must have got a new i94 with your amendment approval. USCIS sends that i94 attached to i797. Check with your employer.

The paper i94 is not usually updated online. So, you are effectively looking at old i94.

Your H1B transfer will be a bridged as your current i94 has expired in Dec 2019.

Considering the same I talked to my employer… but they confirmed they have received only new approved copy of I797 not I94. I am on deputation with top Indian IT firm. I have stamped Visa on my passport till March 2020, this is contradiction from USCIS they are approving my case by revoking the visa validity. So the first I797 with March 2020 validity nullifies the latest approval?

1)How do we can get updated I94 any site or USCIS link?
Currently I am pulling I94 from I94 - Official Website .

2)Also if my employer B is filing in Premium how much chances do you think of getting approval with consular processing?

Hi @VikyS

Looks like there is some disconnect. If USCIS approved your amendment, then they must have issued a new i94.

Your understanding of visa stamp and petition approval is wrong. Visa only allows entry to US and does not govern your stay in US.

Visa validity till March 2020 does not mean that you can stay in US till March.

Please talk to your Employer’s attorney to first find out your correct i94 date and then we can suggest something.

Hi Anil, Great Article!

Could you please help me with my Scenario if this falls under Bridge Scenario?

*** I-94 Expires on Oct-27-2020 *** (through Employer-A)

–Employer-A (Last working day Sep-30-2020) ---->
–Joining Employer-B (Contract) on Oct-1-2020 (H1B Transfer Receipt received on Sep-13-2020, will Start working from Oct-1-2010) ----->
–Employer-C (Full-time) (Received Offer on Sep-22-2020 and H1B Will be filed by Oct-10-2020 on Premium Processing)

i.e. Employer-C’s Petition will be filed before I-94 Expiry but after I had resigned from Employer-A and While working for Employer-B.

Q1- Will Employer B’s Petition become a Bridge Petition to Employer-C Petition?
(I read this “82 FR 82441” about Bridge petition online, but couldn’t clearly understand)

Q2 - If so, Employer-C’s Petition cannot be Adjudicated until B’s Petition’s decision?

Q3 - Employer C’s Petition Decision is Dependent on Employer-B’s Petition?

As long as you file transfer before i94 expiry, there is no bridge.

Hi @anil_am22

Thank you for diligently resolving queries of so many of us who are in need.

I have read through this forum regarding bridge between H1 transfer.
My current situation: My I94 and H1B with Employer-A has expired on 15 Sep 2020. My H1B extension(along with H4 extension) was shipped to USCIS in regular process by Employer-A on 14 Sep 2020.
Employer-B has filed my H1B premium transfer on 28 Sep 2020. H4 transfer not yet applied by Employer-B.

I require your expertise for below questions:

  1. If my H1B premium transfer by Employer-B is denied, does it impact the regular H1B transfer by Employer-A? I am planning to resign Employer-A only when I get I797 approval.
  2. In case of point 1 i.e Employer-B transfer is denied, can I wait in US since I have H1 extension in progress with USCIS filed by Employer-A?
  3. Can I wait for Employer-B H1 transfer approval in order to file H4 transfer?

Hi Anil,

Currently I am working for employer A on H1B and my extension was filed under premium processing in Nov2019 with TX service center and I haven’t received decision yet.My I-94 was expired in April2020.Now I got offer from employer B and they agreed to transfer H1B and filing under premium processing.Below are my concerns.

1.What happen when employer B’s H1B transfer is denied?
Can I continue work for employer A in that case or Do I go Out of status immediately?

2.What happen when employer B’s H1B transfer is approved first and employer A’s H1B extension is denied?
Does this effect my employment with employer B?

Thanks in advance for your help