H1B visa expiry in 2 weeks,Can I apply for H1B transfer as I enter USA ASAP

I am working for company A in india and have worked on H1B for 14 months in USA. I returned to India in November’13. As my employer is not ready to send me till next 1 year while my visa and I94 expiring by 8-Feb’14 , I met a consultancy B that can transfer my visa but the condition is I need to travel to USA with my current employer ASAP and as soon as I enter USA, the next day they start a premium process to transfer the visa. The consultancy is not ready to file transfer after my visa expiry date from India.


  1. Can this practically be done ? Is it legal ?

  2. Can I face issues on Port of entry as visa is getting expired in few days time?

  3. Will it be an out-of-status case, as I wasn’t in USA from November to Jan and don’t have pay stubs for these months?

  4. Can we stay in USA even if we just have Receipt number for H1B transfer and I94,visa have expired ?

Please help me know what are my options, and risk involved. Appreciate your reply!!

  1. Do not do that… U will be out of status till U work and it would lead to problems when U extend or transfer or apply GC

  2. There are chances

  3. U need o have pay stubs for the months u were in US… So Using these paysubs U can transfer even from India

  4. NO

Better ask ur employer to transfer in premium processing when U r in India and go. Do not risk

Thanks for prompt reply !! Just want to clear out couple of more queries :

query to above #1. Why would my case be out-of-status, because I cant start working for the new employer as soon as new petition is filed ?

query to above #2. Having just few days left for the visa/I-94 expiry, What could be the challenges faced at port of Entry and how to resolve such, if any?

query to above #4. Can’t I start working for new employer as soon as that employer files a new H1B petition and USCIS acknowledges receipt of that petition. However, my existing visa & I94 date would expire and will have only the receipt of new petition.

Thanks !!

  1. Yes… U will be of of status if U r on H1 and not working
  2. Main Question may be reason to go out of country and reason for not exending and returning. They might even call employer to confirm
  3. U cant work immediately after filing, it must be approved followed by COS approval or Stamping