H1B Transfer with expired visa stamp

Hi All,

I come to US in 2010 with H1B Visa stamped which was valid till Dec 2011 (from Emp "A"), then last year employer "B" transfer and extended my H1B Visa which is valid till Dec 2014 and also i got new I-797 and I-94 which is valid till Dec 2014, but i haven't got a chance to travel to india so my passport still have visa stamp of my last employer "A" which is expired now. Last week i got an offer from one of the prestigious US firm and they are willing to transfer my H1B visa from Emploer "B", for that i have couple of questions:


1) Is expired stamped visa in passport is an issue, that too is from my last employer "A"? i some read that stamped visa should not be expired which gave me some fear.

2) When will I legally  start working with new firm? Is it after i got transfer reciept from uscis or even before as well?

3) This is my thrid year in US and if i accept this offer this will gonna be my thrid employer, Is this any concerns in GC process?

Thanks in advance!
  1. Expired Visa is not an issue as long as you have new petition and valid i-94.

  2. Suggest to start working with new employer only after approval. This way you will be safe and with a job.

  3. Nopes it won’t be a concern for the GC process.

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Thanks Ram K for answering my question which helps me a lot. Just one point for you, Is it possible to do transfer in premium processing way? as if we go ahead with normal processing then it may take at least 2 months to get processed my transfer. and In general how much time it would take to bring our self at that level in GC processing where we can stay on H1B beyond 6 years like in my case i can be on H1B till Dec 2016, so till when i must apply for GC if i want to stay beyond 6 years?


Yes transfers are typically done on premium. Yes GC process also can be started at the same time.