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Receipt is great for 240 days since filed so you are good. For the new job, if they file for transfer, they have to file for extension as they can’t transfer an expired visa. Talk to them and their attorney on how to handle it. I think this is a straightforward scenario.
Thanks, speaking to them next week. But was just thinking if they can work with the expired i94 and expired h1b.
Last thing I want to hear is the attorneys asking me to wait till I get the decision on current firm's petition 😅
You can file H1 extension with the receipt notice of the pending extension. It’s common and have done this before successfully without any issues. Definitely file the transfer in Premium, so that you get a quick decision. If filing in regular, your status could be at risk if your pending extension gets denied. Few attorneys could ask you to upgrade your existing petition to premium and get an approval before applying for transfer, you can push back on such requests. Good luck!
Thanks D1. This is helpful.
Just a follow up question:
If the other firm files for my transfer in premium processing and I get an approval on that. But the Regular processing extension filed by my current firm is denied after few months, would there be any issue?
I will certainly talk with the attorneys on all of these scenarios.
Ask to upgrade the current extension to premium processing. It would be cleaner from an immigration standpoint to get an approval with this pending extension which is a nunc pro tunc filing to retroactively grant status so it's as though you never fell out of status. Then get the transfer initiated. If you're willing to take the risk, you can transfer to the new company while the transfer is pending by staring work using the receipt notice of filing.