H1B extension approved on consular processing

USA H1B
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1

Hi,

I had a H1B visa valid till Dec 31st 2021 and I-94 till Jan 10th 2022, My employer filed for a H1B extension on Nov 1st 2021 in premium processing, received a RFE on Nov 10th 2021.

I have got an offer from Company B and applied(Jan 4th 2022) for H1 transfer before my i-94 expired and it was approved on Jan 12th 2021 along with i-94 dated 31st dec 2021.
I did not start working at Company B and I have my paystubs run for the months Jan and Feb 2022 with Company A.

Meanwhile Company A H1b was approved on CONSULAR PROCESSING(1st Mar 2022) and visa validity from 1st Mar 2022.

  1. Can I switch immediately to Company B without any issues in future during my further extensions?
  2. Should I leave US and get my stamp done even i switch to company B immediately?
  3. What measures should i take before moving to Company B(wrt payrolls with Company A, i9 with Company B etc.,)?

Really Appreciate your responses and Thanks in advance.

2

If it was approved with consular processing (I-797B) then how come there is I-94 ?

If you decide to join company B, you should be ok to join as your transfer was approved with I-94.

1 Like
3

Thanks for your response.

Sorry wrongly mentioned…1st March is visa validity date. We are still awaiting for i-797 copy as the petition was approved 2 days back.

As you said Moving to company B is ok but I am suspecting will there be any issues while I go out of country ( India) and coming back.

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4

Why do you need to go out if company B’s I-797 is approved with I-94? You need to consult an immigration lawyer who can guide you in the right direction based on your exact situation.