Complicated H1B Transfer with my previous H1B already expired

Hi Saurabh,

How are you and keep up the great work, your blog and responses are very helpful. My apology if my question has been address already before.

My H1B visa with company A expired August 2012 however, I had applied for a transfer through company B. And the transfer application was received in the month of June, 2012 by USCIS.

My concerns:

1. It has been over 4 months now and my case status has not changed yet from initial review. National average is about 2.2 months and my case has been well above the average. Is this normal?

2. In a worse case if my tansfer gets denied what are my options and what is the time line that I would have (as my previous visa has already expired)? Could I change to F1 or H4 without traveling out of the country?

3. How and what should I be prepared for ?

Thank you so much,

  1. Yes, it can take as much as 6 months sometimes

  2. If your I-94 has expired, then you need to leave US and then return on another stamped visa.

  3. Refer (2)