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  #1 (permalink)  
Old 02-03-2010, 11:31 AM
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srinivas72 is on a distinguished road
Default H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension

H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension..

H1B Extension Information
Regular Processing…
My Extension filed 07/21/2009
I94 Expired 09/29/2009
Received RFE 09/xx/2009
Answer RFE 10/27/2009 (Within time)
Denied 01/13/2010
Note: - I worked for same company from past 3 years.

H1B Transfer Information
I got fulltime offer in 12/2009 (I am working for this company last one year), my new employer filed H1B transfer. Here is H1B transfer detail

Premium Processing
H1B Transfer receipt date 12/31/2009
Got RFE, 01/08/2010
RFE answer date 01/26/2010
Waiting for decision…

Now I am working with new employer.
Please let me know, if need any information from my end. Maybe it will help others who are in my situation.

Thanks
Srinivas
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  #2 (permalink)  
Old 02-03-2010, 11:53 AM
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Some please respond about my status...
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  #3 (permalink)  
Old 09-13-2010, 05:41 PM
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hejilac1224 is on a distinguished road
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Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.
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  #4 (permalink)  
Old 09-13-2010, 06:52 PM
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Due to the denial of your H-1B extension, you did not have any underlying non-immigrant status at the time of filing the H-1B transfer. IF your petition gets approved, normally USCIS will only approve it with consular processing. Assuming your H-1B extension was successful, they will approve a transfer.

8 months is a long time for a pending H-1B. You should immediately follow up. Since it is a premium processing, you should be able to send an email to the premium processing division. I would be very worried if the case is taking so long.
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  #5 (permalink)  
Old 09-14-2010, 05:47 PM
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Hello Srinivas, I am most likely to get in to your situation. This information was helpful. Did the H1B transfer got approved?
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  #6 (permalink)  
Old 10-12-2010, 12:32 AM
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Exclamation H1B Extension, I94 Expired, H1B transfer before H1B extension

Hi srinivas72,
1.Do you got your Visa Transferred?

2.H1B Extension, I94 Expired, H1B transfer before H1B extension. When can I start working with new employer ..after getting receipt or after getting approval.?

Thanks in advance.
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  #7 (permalink)  
Old 10-12-2010, 10:37 AM
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Default 240 days rule

Your situation is complicated.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS.
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
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  #8 (permalink)  
Old 10-13-2010, 02:06 AM
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our situation is complicated.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS

-----------------------------------------------------------------------

My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
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  #9 (permalink)  
Old 10-16-2010, 03:56 PM
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veritas1 is on a distinguished road
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Quote:
My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
If your I94 has now expired, Company A’s petition would have to be approved first in order for you to safely port to Company B.

INA 214(n) says you need to file a “nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General.” Conservatively, this means prior to the expiration of your I94. The 240 day rule only gives work authorization, not status.

If you start working for Company B upon the filing of their petition while Company A’s petition is pending, Company B’s petition may get approved for consular processing (with a gap in nonimmigrant status from the I94 expiration until the date of adjudication) if Company A’s petition is withdrawn or denied at any time until the adjudication of Company B’s petition.
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  #10 (permalink)  
Old 10-17-2010, 12:37 AM
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Thanks for the reply.
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
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  #11 (permalink)  
Old 11-25-2010, 11:21 AM
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Quote:
Originally Posted by andy.jones110 View Post
Thanks for the reply.
So you mean to say that I will get the Approval for Visa Transfer, but with consular processing and I need to Travel to my country of origin to get Visa stamped and I will get new I-94 when I enter US again.
Am I correct?
Hi Andy,

I am in kind of same situation. What happened to your case? My new employer file my H1 extension and renewal after my VISA expiration. They need valid I-94 for I-9 verification.

If you have time can we talk for seconds, 914-217-6925.

Thanks,
JAtin
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  #12 (permalink)  
Old 01-18-2012, 11:03 AM
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Jatin,

I am in a similar situation. Could you please update us, if we need to travel to the home country for the H1B transfers which are applied after the I-94 and visa expiry date? I mean for the transfers which are dependent on the pending H1B depending extensions(Bridge).

It would be very heplful. Thanks in advance

Thanks
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