H1B extension got denied and I94 got expired , But have offer from another employer can I file transfer immediately?

My husband’s i94 got expired and visa extension got denied 2 days back, but employer haven’t received hard copy yet. He got another job offer. New petition/H1B transfer would be filed in 2-3 days, can he stay in US once transfer gets filed? does his status will be changed to active? Or he will be out of status until new petition gets approved?

Technically, you are not in period of authorized stay anymore as you have the decision…Even so, you will need the bridge petition, that is the one that is denied, to be approved to do the new transfer. You should discuss your options with your attorney. It is a tricky situation.

Checked with one of the attorney in the US from a renowned law firm, she suggested we can file a transfer immediate after denial, but even though it gets approved now need to go out for stamping and then come back with valid i94. The petition transfer process will start tomorrow. Will post how it goes.

Yes, that’s the trick. They will file it as Consular processing and ask you to go for stamping as you cannot file for Extension of Status anymore… Do update us.

Just to update, my husband’s petition that was in transfer through new employer got approved through consular processing in Oct’19. During stamping , he received 221g blue slip and consulate officer din’t take the passport. After 2 and half weeks he received an email to submit the passport. It got stamped last week.

Additionally, my husband’s current employer has also filed a petition in cap-exempt. That also got approved. So he doesn’t want to join the new company and want to continue with the current employer. Can he go for a fresh h1b stamping again as he wants to continue with the current employer? We are aware, he doesn’t need another stamping, but would like to know if he reappears will that impact?

Hi - Could you please suggest me on the above situation?

Hi Kumar,

Request your response on this case.

There is no need to go to H1B stamping again as he already had got H1B stamping now. I have not seen people appear another interview…If you try to do it, it will go for Dropbox automatically… You can check with your attorney on this… You can submit the latest approved I-797 from your current employer at port of entry and it should take care.
Do update here for community benefit, how you handled it.