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H1b transfer while extension is in pending


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Posted

My h1b is valid till this year end and I have filed my extension under premium processing . Working for direct client and no middle layers in between my employer and client . I have 10 years of experience and has bachelors in computer science. 

In case if I get RFE thinking of requesting my client to hire me as FTE . Can I transfer my h1b before my i94 expires at the same time when my extension is in pending ?

Posted

Yes u can request transfer. Lot of people work in receipt while extension is pending even when i94 expired. So let's say if your i94 expired and received receipt and working you can still apply for transfer. Only problem if ur ext or transfer denied when u r working on receipt and i94 expired, you will be treated as out of status from the next day of i94 expiration date and u have to leave country asap.

So best bet do always transfer or ext while it i94 is valid so that if some thing happens u will have options to switch to other companies.

Posted
1 hour ago, siritptpras said:

Yes u can request transfer. Lot of people work in receipt while extension is pending even when i94 expired. So let's say if your i94 expired and received receipt and working you can still apply for transfer. Only problem if ur ext or transfer denied when u r working on receipt and i94 expired, you will be treated as out of status from the next day of i94 expiration date and u have to leave country asap.

So best bet do always transfer or ext while it i94 is valid so that if some thing happens u will have options to switch to other companies.

Assume if I join my client next week based on receipt number can I continue to work for my client even after my i94 expire ( it will expire on dec 15th 2017 ) does my status depends on my current extension approval after joining my client ?

Posted

Deny ayyaka verey client tho transfer pettoccha? If H1 valid unna leka poina?

Posted

Yes u can work with receipt. Ur status depends on client transfer approval. On current situation don't take risk by joining with out approval.

My views based on forums know ledge..when time comes pls check with attorney..

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