This is the timeline and facts:
- Applied H1B 3 year extension on March 5, 2019. Approved on March 14th, 2019.
- That project for which the extension was approved has ended on March 29, 2019.
- There were some email communications between my employer and USCIS as USCIS officer reached out to my employer after March 29th to check the validity of the approval. My employer has conveyed to the officer that the project ended
- I got a new project and an amendment was filed on July 1st, 2019.
- The new project(July 1st) was ended on September 14th, 2019.
- Fortunately, I got a full time wiith a state entity and a H!B transfer was filed on OCT 4th, 2019.
Question: Does the initial intent to revoke(Based on extension approval on March 14th 2019) have any impact on the H!B transfer filed by a state on OCT 4th, 2019?
Thanks in advance,
No, it should not. If it was approved after the NOIR, it should be fine. Every H1B petition is judged independently and not tied to previous one, unless they are your status related…You should be fine.
Thanks Kumar. The NOIR NOTICE said that the project has ended(they visited the site) and which is why we are issuing a NOIR. Does this affect my status even though the transfer is approved?
Timeline is as below:
Extension got approved on March 12, 2019
Project related to that extension has ended on March 29, 2019.
Filed an amendment for another project on July 2nd.
NOIR issued on October 8th
H1b Transfer to a new employer(state) got filed before NOIR issuance on October 4th.
It should be fine. Until your decision of Denial comes, you are in H1B status, so your transfer should be fine… Even, if it gets denied, it should not matter as you are no longer in the old job. You can discuss this with your new employer’s attorney to be safe and seek opinion.
How did you explain your stay between April and June, if no valid SOW was in place?
I am in a similar boat, my i94 has also expired.