Can another company create a new h1b petition (transfer) when my visa has expired (i94 date passed) and currently on 180 day extension? Looking around it seems like mostly it’s possible but some say “there is nothing to transfer”! Asking this on behalf of my wife. I ask this because although she is currently not in this state but her visa/i94 will expire in June and her extension has been filed by her company. She was thinking to move to a different company. This answer will help to expedite her preparation and applying earlier if needed. Thanks.
You're right, it is possible and should go through without any issues. When someone says there's nothing to transfer, they are right - there's nothing to transfer. The way an H1B transfer works is you just file a new H1B petition on behalf of the new employer, nothing gets transferred really. When this new petition reaches USCIS, they just evaluate it as any other application, and make sure the beneficiary (your wife) is in status, which from your description, is the case. Again, should go through just fine.
Thank you, appreciate your detailed answer.
If the new company files for transfer before Visa expires then she can join on receipt. Ask a lawyer
Thank you.