Got RFE for H1B Extension and i94 expiring soon. Queries about transfer after/before i94 expiry


#1

Hi All,I am in critical situation and need suggestions.My current employer (Company A) had filed an extension of my H1B in February,2017 under normal processing. I got an RFE for my case on 22nd July, 2017. My I94 will expire on 17th August, 2017. Meanwhile i have got an offer from Company B. As i am in talks with Company B, the transfer has not been filed yet. I have the following queries :Case 1 : If Company B files the transfer before my i94 expiry (say 16th August, 2017; but the receipt number hasn’t come before i94 expiry); is it safe to join Company B once i get the receipt number? Will my transfer petition depend on my extension petition decision? Can i get any RFE as my extension is under process too?Case 2: If Company B files the transfer before my i94 expiry and i get the receipt number before i94 expiry but i join Company B on 1st September, 2017; is it safe or any risk involved?If i give 2 weeks notice to Company A and intend to join Company B on the basis of receipt number (if there is no risk) and if Company A withdraws the extension petition, am i safe as my i94 is already expired? What is the best time to join Company B and resigning from Company A where no risk is involved?Case 3 : If Company B files the transfer after my i94 expiry, i understand my transfer will depend on the Company A extension decision and i will be out of status immediately if Company A withdraws its petition as my i94 is already expired. In this case, if Company B transfer decision is approved first, can i join Company B without thinking about Company A extension petition decision or i need to wait till both the petitions gets approved? Would be grateful i my concerns are clarified.Thanks in advance.


#2

Hi,

I am in the same situation as you. My visa is going to expire on 22nd August.

What is your current situation now and what decision did you make?

Thanks,
Harisha Talanki


#3

Hi Harisha,

As my visa and i94 are expiring in few days, I decided to stick with my current employer instead of getting into these confusions and wait for my visa extension.

Thanks


#4

Thanks for your reply Sheen. Its unfortunate that USCIS has stopped premium processing.