H1B Transfer with H1 extension in progress

Hi,

My scenario is -

  1. Approved I-140
  2. I94 expired on 31-Dec-2019
  3. 6th year H1B extension by employer A in progress.
  4. H1B transfer by employer B is approved
  5. H1B transfer by employer C is in progress

Questions -

  1. Before If I join employer B, do I need to get a fresh H1B visa stamped again ?
  2. Will the outcome of H1B extension with employer A impact H1B transfer by employer C ?

Thank you for this wonderful forum !

~nitin

Hi @Nitin_Gupta

The need for H1B visa stamping depends on how your transfer has been approved. Have you got a new i94 attached to your H1B transfer approval? If yes, then there is no need to get a new H1B visa stamp.

The outcome of employer C will not be dependent on pending extension as long as the C’s transfer was filed before your A’s i94 expiry.

Thanks Anil

  1. Is I94 not always attached to a H1b transfer approval ?

  2. However, my C’s transfer was filed after I94 expiry. So what would happen in case A’s extension gets rejected ?

Thanks

Nitin

The new i94 is attached to new i797 if USCIS approved your extension or transfer without consular processing.
If they do not attach a new i94, then it automatically means that USCIS approved with consular processing.

If the bridge is broken, the dependent applications are approved (if approved) with consular processing as they were filed after i94 expiry.

Thank you for the information.

Under what circumstances can USCIS approve the extension/transfer with consular processing ? Are there any rules around it ?

Thanks,

Nitin

Hi @Nitin_Gupta

I have explained it above. Please read it again.

Hello,
My current visa is valid till Nov 2020. my current employer applied H1 extension via normal processing on 4th June when premium was suspended then once premium started they converted case from normal to premium. Now on June 25th I have received RFE for the H1 extension.
Now I got an offer from new employer.

  1. In this scenario can I go ahead and apply for H1b transfer for newemployer.
  2. Do I need to inform my new employer about the existing H1 extension and RFE details?
  3. Will there be any impact to H1 Extension which is in RFE and/or new H1 transfer?
    Thanks,
    sri

There is no issue as long as the i94 is valid and you file transfer before i94 expiry.