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Posted on 29 Aug 2010
Q.

H1 transfer while under extension and I-94 expired

I am with company A since 3/2007. The company filed for my H1B extension in 3/2010 under normal processing. Subsequently, the validity of H1B and I-94 are expired in 7/2010. There was an RFE about employee-employer relationship and it was replied in time. The USCIS current case status is "RFE response review". Now company B wants to file for transfer of my H1B. But I am confused as my current I-94 is already expired and USCIS decision is awaited and if it is possible to switch employers under this situation.
Question : "Can I change employers when I-94/H1B are expired with extension is pending and start working for the new employer B at the same client site and what happens if the company A's request for extension of I-94 is denied and I already started working for employer B?"

User's Location: Baltimore, Maryland, United States of America
Category: H1B Visa (Work Visa)
Posted on 29 Aug 2010
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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