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.
My H1 is already expired
Then join the new company on the receipt , you don’t seem to have any other option
But I am able to work legally based on new petition which is not yet approved
That can be done only when u have a valid i94
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 ...
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.
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
How can I transfer once again as my current petition is still not approved
Technically, within the 6 years period, you are allowed to make any number of H1B applications. And you can make them concurrently.
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
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.
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.
You can apply for h1 transfer and start working after the approval.
Ask new company to apply in premium processing If your current H1 is expiring , you can join new company on the receipt