My H1B visa and I94 were expired by 30th Sept 2015


#1

My H1B visa and I94 were expired by 30th Sept 2015

My current employer filed for my Extension and Amendment on 7th August 2015 in normal filing which is still in processing (received receipt notice).

I would like to change company and new employer also filing H1B in normal processing, what if the new H1B gets denied. I scare that I will be out of status and need to travel back to India. Please share ur thoughts.


#2

Will you join the new employer soon after USCIS receives the new petition or will you wait for approval to come through first?


#3

Thanks for replying Saurabh, I am planning to join after USCIS receives the new petition. New employer is not ready to wait till approval.


#4

You are creating a bridge of I-94s. You are currently in valid status based on pending I-94 extension and will be using the same to file H-1 transfer.

In case you join new employer, old one may withdraw the I-94 extension which may adversely impact H-1 transfer. Your H-1 transfer may still get approved but it will be w/o I-94 attached as your in-between I-94 has been denied. You will have to leave US and return on H-1 to get new I-94.

One option is to file H-1 transfer in PP so that it gets approved even before any action is taken on H-1 extension petition.

Did you consult w/ new employer’s attorney?