H1 transfer

Cisco j_o_k_e_r
Aug 22 15 Comments

My H1 extension got rejected recently but i was able to apply for an extension before my I94 expiry date luckily. Now I have an offer from FAANG and I am excited to join ASAP but my current H1 transfer is not yet approved and it may take another 3-4 weeks for getting an outcome(approval or denial). what are the options i have ao that i can join new employer soon and i dont have to take much risk. Chances of getting an approval are very high but still looking for the best option.

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TOP 15 Comments
  • Apple FPPM52
    Just a note. In immigration, rejection and denial are two completely different things.

    Rejection is they considered your application incomplete or bogus and they refused to process it.

    Denial is they processed it and concluded that your job, your employer or you didn’t meet all the requirements for a particular status.
    Aug 22 0
  • Cisco banana009
    Ask new company to apply in premium processing
    If your current H1 is expiring , you can join new company on the receipt
    Aug 22 0
  • Cisco j_o_k_e_r
    OP
    Yes I can understand but as I have mentioned my valid petition is expired already and I applied for transfer before i94 expiry so I am able to continue working... but now i don’t have a valid petition at the moment
    Aug 22 3
    • Apple FPPM52
      The I94 and the I797A/C are two different things.

      The I94 determines when your presence in the United States becomes unlawful.

      The I797 determines your status.

      If your I94 is valid and your I797 is revoked/expired, you are out of status. And you can’t be legally more than 60 days out of status in the last 365 days.

      On the 60th day, you have to physically leave the country (even if your I94 is still valid) or might be unable to apply to another status in the immediate futur.
      Aug 22
    • Apple FPPM52
      If you have a pending petition, you are allowed to work/stay in the country while it is being processed. But if it is denied at the end, the out of status counter will start moving forward again.
      Aug 22
    • Cisco j_o_k_e_r
      OP
      Hi FPPM52, let me clarify... my visa got denied but I had sometime to apply for transfer and I was able to apply for transfer before my visa expiry date and due to that I am authorized to stay for 240 days though I don’t have a valid I94 or I797 for another transfer... so my new employer is asking me to wait for an approval of current transfer petition but I wanted to know if we can still apply for a transfer based of previous valid petition which is expired with out of cap quota so once it’s approved then I can go for stamping and start working
      Aug 22
  • Cisco j_o_k_e_r
    OP
    How can I transfer once again as my current petition is still not approved
    Aug 22 1
    • Apple FPPM52
      Technically, within the 6 years period, you are allowed to make any number of H1B applications. And you can make them concurrently.
      Aug 22
  • Cisco j_o_k_e_r
    OP
    My H1 is already expired
    Aug 22 1
    • Cisco banana009
      Then join the new company on the receipt , you don’t seem to have any other option
      Aug 22
  • Expedia Group owlette
    You can apply for h1 transfer and start working after the approval.
    Aug 22 0
  • Cisco j_o_k_e_r
    OP
    It was denial only.... and as I applied for transfer before I94 expiry I am authorized to stay and work as well but I am just looking for an option to transfer again
    Aug 22 0
  • Bloomberg / Eng
    offByOme

    Bloomberg Eng

    PRE
    Bloomberg LP
    offByOmemore
    Why was it rejected? Once you’re out of status you must be abroad, never overstay. You can always go through consular processing for change of employer from your home country, all they need is a valid I-797 and enough time left in your 6 years total ...
    Aug 22 0
  • Cisco j_o_k_e_r
    OP
    That can be done only when u have a valid i94
    Aug 22 0
  • Cisco j_o_k_e_r
    OP
    But I am able to work legally based on new petition which is not yet approved
    Aug 22 0