File H1B Transfer After i94 Expiry Questions & Answers

Hi Anil,

Currently my I94 is expired and my extension is in progress with my employer, my client is interested to covert to FTE. have below queries reg. Transfer.
a. Is my client can initiate Employee Transfer (my i94 is expired), please let me know the procedure.
b. Is I need to wait for the current extension decision to file Transfer petition?
c. Is approval of transfer depends on current extension process?

Thank you

Hi @h1ext2019

You can file H1B transfer but your current pending extension will become a bridge petition.

Read on to find the risks associated with bridge petition.

Hi Anil ,

My h1b extension got denied on Oct 16th and i94 expired on Sep 8th but still we did not recieve the notice yet

if we file new h1 transfer and recieve the reciept can we stay in US ?

Hi @Ramya_M

Sorry to hear about the H1B denial.

Unfortunately, the denial and out of status time starts immediately on the date of denial and not the notice receipt.

You can file H1B transfer but cannot stay in US.

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

Hi @Anil.Gupta.

I have an on going interview with another employer right now. If that goes well in this month, then can I have the H1B Transfer filed with 2nd employer in premium with my current employer extension petition as Bridge petition? If so, what are the chances of getting that approved?

P.S. My extension petition with current employer is having a receipt date of 29 Aug-19 and My H1B and I-94 expired on Sept-30.

Hi @ashuh1baccnt

The chances of H1B transfer approval depend on the paperwork and not the pending extension from old employer.

The pending extension will only act as a bridge and will decide if you get a new i94 or not.

The chances are high that USCIS may send an RFE on transfer and ask to wait for extension result before transfer can be approved.
To mitigate this scenario, many attorneys file the transfer with consular processing option as this removes the bridge scenario.

You can read about the risks of H1B bridge transfer here.

Thank you @Anil.Gupta.

This answers the complete scenario. Just one question though.

Let’s say the H1B Transfer bridge petition in premium gets RFE for extension petition approval, can that be converted to Consular processing after the RFE in Premium?

Hi @ashuh1baccnt

The application can be converted to consular but its not as easy as you might think. Talk to your attorney if they are conformable doing it.
They will have to contact USCIS to request consular processing specifically.

Thank You @Anil.Gupta.

I’ll provide an update as this progresses.

1 Like

Hi @Anil.Gupta

Here you say with consular processing, we have to move out of US and get the stamping. You have mentioned we can move any country like Mexico.

Is that possible, if the I-94 is already expired?

Your i94 has no role if you are planning to go for stamping in Mexico.

Hi Anil,

Thanks for your detailed H1B transfer processes for different scenarios. I would need your help for my below scenario.

I am working with Company A with Visa validity till 10th Jan,2020 and I94 validity till 20th Jan,2020. Company A has already filled extension in regular mode which is currently pending with USCIS. At this time, I got an offer from company B. My questions are:

  1. If company B files the transfer before I94 expiry date (20th Jan,2020) and if I get the approval say on 30th Jan,2020. Can I join company B after that? Will there be any unlawful presence for me between 20th Jan,2020 and the day I join company B?
  2. For the above scenario, will the company A extension become the bridge for the transfer?

Hi Anil,

Thanks for your detailed H1B transfer processes for different scenarios. I would need your help for my below scenario.

I am working with Company A with Visa validity till 10th jan,2020 and I94 validity till 20th jan,2020. Company A has already filled extension in regular mode which is currently pending with USCIS. At this time, I got an offer from company B. My questions are:

  1. If company B files the transfer before I94 expiry date (20th jan,2020) and if I get the approval say on 30th jan,2020. Can I join company B after that? Will there be any unlawful presence for me between 20th jan,2020 and the day I join company B?
  2. For the above scenario, will the company A extension become the bridge for the transfer?

Hi @palash.sarkar123
Did you read the H1B transfer article? It has clear answer to your questions. I don’t want to copy paste it here.

Please read.

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?