Change of Status and H1b transfer during i94 expiration and H1b extension in process.

USA H1B Visa
1

Hello,

Currently, my I94 expired 125 days ago and my extension with employer A still in progress with an RFE, I have to move to other Client with the employer A and my employer A will file Amendment, also I am planning to file another petition with employer B in premium processing before replying to RFE with the employer A, is that a good idea to switch employers during this time?

Secondly, while the above petitions in progress can I able to apply for Change of Status from H1b to F1? if so, what happens if my H1b denied during this period? will i be still on status because I applied for COS? please advise.

Thank you very much for your time!

1 Like
2

Please check this

Co. B can file an H1B petition for you requesting extension of status, and you can be employed by Co. B under H1B portability rules.

However, since your I-94 has expired, the USCIS will not approve the H1B petition of Co. B and grant extension of status unless it first approves Co. A’s H1B petition granting extension of status. If Co. A’s H1B petition is denied, be ready to depart the U.S. When and if Co. B’s H1B petition is approved with consular processing, you can apply for a visa stamp at a U.S. Consulate in the name of Co. Bhttps://www.avvo.com/legal-answers/h1b-transfer-after-i94-expiry-and-h1b-extension-in-1523761.html

3

Thank you for your response, if my h1 denied by company A and if i go to india, can i apply h1b again from india. Thank you.

4

You Can apply for H1b as long as you have genuine Job offer from Client in US and if it approves , you should go to Consular processing.

5

Thank you very much for your quick response. If i apply for change of status now and if my h1b denied, still i will be out if status that time?