Need H1 transfer while H1 extension is in progress, I-94 expired & I-140 approved


I’m on H1B visa from last 5 years and my employer A has applied for an extension in November,15.
However while it is in process my I 94 got expired in February,16.
On the other hand my I140 got approved in december,15.
My employer A has agreed to upgrade my case to premium also very soon.
At the same time there is lay off going on in the company and there are chances that my employer might terminate my job even before my H1 extension gets approved.
So now I’m in a difficult situation even for change to company B who are ready to offer me job.

I have a few questions in this senario,

1.Before the current H1 extension is approved, can I do h1 transfer to a new company?

2.If I do h1 transfer does it depened on my h1 extension approval?

3.If my h1 transfer is also in progress during this time is there a chance that my h1 transfer will be denied?

4.Do I have any options based on my approved I-140?

5.What are the conditions I’m dependent on employer A(in terms of approvals)?

Please help with suggestions. Appreciate your help.

  1. As your I-94 has expired, you will be in the bridge scenario. B can file cap-exempt petition for you, but its approval w/ I-94 attachment will be dependent on A’s extension approval. If A’s petition is withdrawn, then B’s petition will be approved w/ consular processing.

  2. Yes, see (1)

  3. H-1 transfer may get approved, but it is quite possible that it will be approved w/ consular processing. So you have to leave US and return on new petition to get their I-94. I assume your visa stamp has also expired, so you will have to appear for stamping as well.

  4. No

  5. See (1) and (3)


Greetings from Danta Technologies in San Diego.Please send your resume and your queries to Or Call Nik Patel on
+1 (510) 862-4149.

Thank you,

Visa Processing Team / Danta Technologies