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09 Sep
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H1B transfer while extension is in progress and I-94 expired

1) Is it possible to apply for H1 transfer (w/ I-94 extended without going to home country) to your company using present receipt notice while extension is in progress? or I have to wait for my extension approval to do H1 transfer (w/ I-94 extended)?

A: We can process H1B Transfer with the Receipt Notice, using that as a Bridge. We can get an I-94 extended; you may not have to go to home country.

2) If I waited for my extension approval but if it is denied before applying transfer, still is it possible to apply for H1 transfer to your company with same H1 cap before leave to home country? 

A: If your present H1B is denied and we apply for a transfer; you will not get an I-94 and you will have to travel and get a visa stamped at the Consulate. If you feel that the present pending extension may be denied, you must act quickly.

3) If my H1 transfer is applied in premium while extension in progress and approved before extension, but if my extension case with my employer is denied, will it affect transfer approval (w/ I-94 extended)?

A: It will not affect the new H1B, as we have filed when it is pending. You will remain in status.


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