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Hi All,

I am in critical situation and need suggestions.

My current employer (Company A) had filed an extension of my H1B in February,2017 under normal processing. I got an RFE for my case on 22nd July, 2017. My I94 will expire on 17th August, 2017. Meanwhile i have got an offer from Company B. As i am in talks with Company B, the transfer has not been filed yet. I have the following queries :

Case 1 : If Company B files the transfer before my i94 expiry (say 16th August, 2017; but the receipt number hasn't come before i94 expiry); is it safe to join Company B once i get the receipt number? Will my transfer petition depend on my extension petition decision? Can i get any RFE as my extension is under process too?

Case 2: If Company B files the transfer before my i94 expiry and i get the receipt number before i94 expiry but i join Company B on 1st September, 2017; is it safe or any risk involved?

If i give 2 weeks notice to Company A and intend to join Company B on the basis of receipt number (if there is no risk) and if Company A withdraws the extension petition, am i safe as my i94 is already expired? What is the best time to join Company B and resigning from Company A where no risk is involved?

Case 3 : If Company B files the transfer after my i94 expiry, i understand my transfer will depend on the Company A extension decision and i will be out of status immediately if Company A withdraws its petition as my i94 is already expired. In this case, if Company B transfer decision is approved first, can i join Company B without thinking about Company A extension petition decision or i need to wait till both the petitions gets approved? 

Would be grateful i my concerns are clarified.

Thanks in advance.

asked in H1B Visa by (180 points)
Hi,

I am in the same situation as you. My visa is going to expire on 22nd August.

What is your current situation now and what decision did you make?

Thanks,
Harisha Talanki
Hi Harisha,

As my visa and i94 are expiring in few days, I decided to stick with my current employer instead of getting into these confusions and wait for my visa extension.

Thanks
Thanks for your reply Sheen. Its unfortunate that USCIS has stopped premium processing.

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