My H1b (I94) expiring on April 28-2019. Last year i changed my client from A to B. So h1b amendment got filed on April 23-2018. On Jan 15-2019 - Case transferred from CA to nebraska. I got RFE on Jan-31-2019. Today date is Mar 05-2019. Still attorney is working on my case. Due to pending h1b amendment, H1b extension is not filed yet. Last date to submit the RFE is Apr 28 2019.
Question 1 : Still amendment is in progress and H1b extn is not yet filed. Can i able to stay in US after Apr 28-2019(assume RFE is submitted on/before April 28 -19) ? Whether I will be in out of status?. Can I stay with expired I-94 (If h1b extn filed then at least i can stay 240 days with receipt. my case h1b extn is not yet filed.)
Question 2: Can i able to change my employer during this situation? If i find new employer then should find job in any city in US (OR) previous city. ( if I got new employer then old h1b amendment got rejected. Is it going to impact me?. Then should I find a job in Previous city (OR) any cityin US))?
Question 3: I am staying with my family (Dependent - Spouse and kids - H4 Visa). Whether my dependents are eligible to stay in US after April 28-2019 (with Expired I-94)?
Question 4: Assume: I am staying in US after April 28-2019. still h1b extn is not yet filed. When h1b Amendment was filed, the project duration mentioned as April 23-2018 to April-28-2019. Scenario 1) If my amendment is approved till April 28 -2019 in May 28-2019. Scenario 2) If my amendment is rejected in May 28-2019. For the above two scenario’s, Is my H1b is in Out of status?
Your H1B amendment is also your extension application.
Employer requests full 3 year term in the H1B amendment application as well.
Check with your Employer on what time have they requested in the H1B amendment application.
If they have requested for 3 years, then there is no need to file another H1B extention before April 28, 2019.
Stay in US while H1B amendment is pending
You can stay and work in US while your H1B Amendment + extention is pending even after i94 expiry.
There is no 240 day limit for H1B + extention application.
H4 dependent stay in US after i94 expiry
H4 dependent can stay in US with you as long as their H4 extention is pending and was filed before their i94 expiry.
File H1B Transfer
You can file H1B Transfer and join them with no issues if you file and join before your i94 expiry.
Thanks Anil for quick response.
Sorry to ask again. My sceanrio is little different(Because I94 will expire in two months).
I have approved i-140.
My employer filed amentment with same date as previous approved H1b. (Previous - H1b Approved date is april 28 -2019. My amentment date also same date from april 23-2018 to April 28 2019.) Whether can i able to apply h1b extn after i-94 expire/ april 28-2019?
(If amendment is approved , i might get an approval date as April 28-2019)
(amendment filed in normal mode. I do not know how long the USCIS will take to response to my case even RFE will submit at mid of Mar -15-2019. Last date to submit RFE is April 28-2019)
Currently i am working in Dallas with h1b amentment for client-A. Suppose i got new Job (through another employer) in Atlanta with client-B before i-94 expire, is amendment denial will impact the new job (Atlanta)? (OR) Is New employer H1b receipt valid to work in US with client B(Atlanta- even after amentment is denied)
I would assume your H1B amendment was filed only for 1 year if you say so. My answers are also based on this assumption.
Upgrade H1B Amendment to Premium
First thing is that you should upgrade your H1B Amendment application to premium to avoid status issues.
File H1B Extension before i94 expiry
It is extremely important to file H1B extension before your i94 expires if you want to stay and keep working in USA.
File H1B Transfer
As i have already answered earlier, you can file H1B transfer before your i94 expiry and you are safe.
If you file after i94 expiry, your H1B Amendment will become a bridge petition and will affect your transfer result.