I94 Expired, H1B extension in progress, can new employer file transfer on premium

Hi Anil,

My current I94 got expired on 9th July 2019. Though my H1 extension filed and it reached to USCIS on 26th June (based on FedEx confirmation), but the package lost in USCIS lockbox facility and after the query raised by my employer, USCIS found the package and they issued the receipt which says USCIS received on 17th July (8 days after I94 expiry) and now in process.

Meanwhile, I got an offer from Employer B and they are ready to file my transfer on premium with the expired I94 and extension notice. However they suggest me to ask Employer A to convert the extension to premium for a safer transfer, which Employer A is not ready even after I asked them to pay the premium fee.

Questions:

  1. Will USCIS not accept the transfer on premium, since the extension is on normal?
  2. Will the Bridge Transfer petition deny, since the extension is still under process ?
  3. If transfer gets approved, and after I join employer B, if employer A withdraw the pending H1 extension or it get denied, will it impact the approved transfer from employer B?
  4. If the Transfer gets approved, do I need to go out of USA to have my passport stamped, so I can legally start working for employer B?

Please help me

Hi @skumar

Read this for getting answers to your questions:

Thanks Anil for prompt response and sharing the link.

I have gone through the details, but still I have few questions. It would be great if you can answer.

  1. As mentioned in the link “Your pending H1B extension from current employer will become a bridge petition and may affect the result of H1B transfer.” Because of this, will USCIS not accept the transfer on premium, since the extension is on normal?

  2. From the link its mentioned, if H1B Transfer Approved without new i94, one must go out of country and get the passport stamped. If approved with new i94, still I have to go out, since my current i94 with employer A has already expired ?

  3. Employer A has filed H1 and H4 extension together and both are under process (H4 also expired on same date as H1). Do I need to ask Employer B to file H4 extension with H1 transfer?

Hi @skumar

USCIS will accept the transfer in Premium but may issue an RFE to wait for extention result or may just approve transfer with consular processing.

You can file H4 extention with transfer as well. Its optional as you already have one H4 pending that you filed with h1b extention.

If your transfer is approved with new i94, then there is no need to go out of US.

USCIS normally does not approve extention of transfer with new i94 if you filed them after i94 expiry.

Thanks Anil.

If the H1 extension is withdrawn/denied, will that affect H4 extension ?

As you mentioned, there is high possibility of H1B Transfer Approved without new i94. In that case, after H1 and H4 approval, both H1 and H4 need to go out of country for stamping or only H1 stamping will be sufficient ?

Hi @skumar

H4 extension should not be affected even if H1B is withdrawn.

I suggest both H1B and H4 to go out and get new visa stamping.