Employer A H1B extension denied and Employer B H1B transfer is in process.

Hi All,

My I94 got expired in July and my H1B extension of Employer A denied(reason unknown yet) in last week (19 Sep). I am going back to India on coming Saturday(29-Sep). But I got an offer from other employer B and they are doing my background check(not related to H1B) since Employer B is going to transfer my H1B visa in October first week but by the time I will be in India office for Employer A.

1)Can you please suggest me that I need to inform Employer B about my extension(denied)?

2)Extension denial of Employer A will effect my new H1B transfer ?

  1. Yes, you need to inform them about your extension denial. When they file for transfer, they need to prove that you are here in USA legally. So, I expect employer B to ask for your I-94, and when they see July, they will certainly come to know from you about your H1 extension denial.

  2. They will use it to calculate your over-stay from your I-94 expiry. Employer B will have to explain that you received the denial notice on the week of Sep 19th and you left the country on Sep 29th, while filing for transfer.