Has anyone been in a situation where their H1-B (3 yrs term) was expired with EXTENSION pending for company A and they joined company B after TRANSFER Approval? If yes , please share your experience. My Case : H1-B and I-94 expired in May 2018. Extension applied in May under regular processing(still under process). Received an offer from company B , transfer initiated on 29th Aug 2018 under Premium Processing. I am planning to join company B after the transfer approval. Not sure what happens to may extension with company A.
I am in similar situation but transfer yet to be initiated. But by reading the blogs on Google, if transfer is approved you need to go to home country for stamping.
That's the problem , no one has explained it well. The above answer by FdUz56 is the only positive one.
If your goal is to work for company B, you don't need to go out for a Visa stamping by default as long as the existing H1B Visa stamp from employer A still has time left. If you are to travel abroad, you can show the employer A visa stamp + employer B's H1B approval notice. You will have to do a visa stamp, however, whenever you try to return AFTER employer A's H1B visa stamp expires. You can get the visa restamp with employer B's visa petition any time you try to return after the H1B is approved, so you don't need to necessarily wait till employer A's stamp expires.
Thanks but that's a common scenario. In my case my stamp/H1-B/I-94 is already expired for company A, and my extension for another 3 years is already pending with USCIS. I am just trying to figure out what happens to my extension petition when I start working for company B after transfer approval.
When you start working for company B, the status of company A's petition should not matter anymore as you do not plan to use that to maintain your legal status in US. Whenever you travel outside the US, you will be able to re-enter only with the visa stamp for the new employer's petition.
Fragomen reached out to me that they cannot file transfer as my i94 expired and extension still in progress
Got my H1-B transfer approved, received the notice today. As far as my attorney suggested it doesn't matter what happens to my extension petition as the approval is good for another 3 years.
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I went through similar kind of scenario. If your transfer is approved, you don't need to worry about your extension.
Thanks, that's great. So no stamping or leave the country and re-enter BS?