Hi Saurabh,
Currently I am with an employer A for more than 2 years. My visa expired a month ago, and the employer filed an extension. I got receipt number but not yet approved. I have got an offer from employer B. Now is it legal to file for H1B transfer? Let me know what will be the risks involved in this process? Thanks
When you say visa expired last month, are you referring to 797 and I-94?
If H-1 transfer is applied now, it will be approved w/ consular processing as your I-94 has already expired. To get it approved w/ EoS (extension of status w/ I-94 attached), your extension needs to be approved first.
Makes sense?
Thaks Saurabh for very quick response.
yes. both my 797 and I-94 are expired. So as per your answer I cannot accept Company B’s offer until my extension is approved.
Once my 797 is approved, do I need to go out of US and return to have valid
I-94 or just approved 797 suffice?. Thanks
When extension is approved, it will come with new expiration dates for both 797 and I-94. There is no need to leave US and you can continue to stay and work.