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H1b Transfer But H1b Extension Pending

Discussion in 'Nonimmigrant Visa Applications Generally' started by goalgreen, Jan 31, 2017.

  1. goalgreen

    goalgreen Well-Known Member

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    I have a situation where my H1B I-94 expires on Feb 02 2017. The existing employer has filed for extension on Jan 25th 2017.

    My questions is around the legal status in case of two scenario for H1B transfer in above case

    1) New employer files H1B on Feb 02 2017 in premium processing. My I-94 expires. Decision is still pending.
    Can this affect the transfer and is any way decision on extension pending/approved affects new transfer even if I-94 expired or later the old employer withdraws the extension.

    2) I-94 expires. New employer files after expiry of I-94 while extension is pending. Is it possible. If yes then can what is the effect of withdrawal of extension even if new H1B gets approved.

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