H1B Extension/Tranfer/I94 expiry

[ck555]

Hi,
I am working for a company A and my I94/Visa/I797 are expiring in end of March. My company has applied for my extension in January 2009 in regular process as they are not ready to apply in premium for anybody. The regular process may take 3 to 4 months.

My questions are if I got layoff from company A after March (after I94 expiry).

• Do I still have an option to transfer my H1B to any other company B with the (I797) receipt number as my I94 got expired in March?
• Is it better to have H1B transfer to any company B before March (I94 expiry)?
• If I Apply H1B transfer to company B in premium process while my H1b extension is in Pending, will that cause any problems?

Please advice.
:confused:

[contact 01]

• Do I still have an option to transfer my H1B to any other company B with the (I797) receipt number as my I94 got expired in March?


No, with H-1b approval notice only, you can transfer your H-1B to another company.


• Is it better to have H1B transfer to any company B before March (I94 expiry)?

Yes,do your H-1b transfer before the expiry of your I-94. You will be in safer side.


• If I Apply H1B transfer to company B in premium process while my H1b extension is in Pending, will that cause any problems?

No, it wont cause you any problem. If the new employer does the H-1b transfer under premium along with your current pay stubs, then it is fine.


Note: This is not a legal advice, please consult an attorney