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H1b Transfer With Extension Pending

Discussion in 'AC 21 H-1B Issues' started by DonDraper, Mar 7, 2016.

  1. DonDraper

    DonDraper Guru

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    Is it possible for employee to change employers when an extension is pending. At this point lets assume that the i-94 has expired . What is the rule and is it safe to switch employers when extension is pending without the extension approval.

    How do law firms handle this situation ?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is what we call a bridge petition situation. Unless and until the first petition (the bridge) is approved, they won't act on the second.
     
  3. DonDraper

    DonDraper Guru

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    So what would happen in case the extension gets denied and the transfer gets approved. What happens in this situation ?. Is the employee out of the status from when the extension was filed to the date when the transfer is approved.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the transfer is approved, then you are in status and can continue working. I've never seen a situation like this, however.
     
  5. DonDraper

    DonDraper Guru

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    Case here: File for extension with your current employer in Sep 2015. Extension is pending in regular processing . Current processing time is around 9 months. You now get a new job offer in March 2016. New employer applies for transfer via premium processing. How does the dice role here ?

    Does the transfer override the extension filing. In this case what would happen if Extension gets denied{ applied in regular processing} after the Transfer is approved in premium processing.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It used to be that they would act on the new petition even though the old one was still pending. Now, they can see everything that is pending and they will hold the new case until a decision is made on the old one.
     
  7. DonDraper

    DonDraper Guru

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    Can we sue USCIS for taking more than 240 days to process h1b
    So premium transfer for the transfer will not help while the old extension is pending.
     
    narain likes this.
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not anymore.
     
  9. narain

    narain New Member

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    Wouldn't it be possible to go with a consular processing for new employer even though extension is still pending? The only difference being stamping requirements in the home country in lieu of AOS while in the US.

    Is there a grace period situation when for instance current H1B Visa with I94 expiry date of April 10 and new employer files LCA and petition on April 20th all while current employer has pending H1 extension in process? If there is few days grace period, then new employer could file for premium processing and get the petition approved rather than wait or rely on bridge and normal processing of original extension?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The problem is the length of time they are taking to process COS and EAD cases. If someone entered with an H4 and applied for an EAD, it would take three to five months to get it.
     

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