H1b Transfer to new employer as current employer already started amendment for current project

USA H1B Visa
1

My wife H1 got approved for 3 years , till 2018. When i travelled to usa in March 2016 they gave I94 till October 2016 as my passport is expiring by October 2016.

I have renewed and got new passport in USA.

My H1 amendment is filed as there is a change in client in September 2016. I got RFE on that. I got to know that as my amendment is in progress, there is no need to cross border to get I94 extended(H1 Amendment itself will takes care of I94).So i did not cross border.My employer has responded to RFE. It is in progress.

Now (November 2016) I got good offer from big American company and they wanted to transfer my H1.

My current employer H1 amendment is still in porgress.

Is it ok to proceed with H1 transfer with New employer now ?

As my I94 was expired in October. Is it going to cause any issue?

2

What is the significance of your wife’s H1 details here?

There is nothing called H1 TRANSFER in this world. Those are independently separate H petitions by each of your employers. Once you understand this, you can now get the point that one employer H petition doesnt impact other employer’s (unless and otherwise there is a bad record on you as an employee).

Since one of your employer has already started H1 amendment and its in pending state, you are legal to live in US beyond your current I-94 date till your amendment/extension is finalized.

3

Thanks a lot for your prompt response, one more query, is it safe to give notice to current employer as after new employer files new H1. is there any chance that current employer revokes his petition, if he does that, will it be affecting new petition ?

4

Hi,

Thanks for the reply, my wife H1b amendment got approved and i94 is printed on 797 ( as i told while entering US, she has got oly 6 months i94 due to passport expire) now she have submited new passport while amendment.

Question hear is, on new 797 we can see the i94 extension but unable to track on i94 official website, i tried all ways using old and new passport details.

is this a problem ? do we need to cross the border again or need to consern any one so that it would effect in website.

Please help in this regard’s

5

Dont worry about the online version of your extended I-94 version as long as you had the physical copy.