My H1b visa got expired today, and my current company A filed extension in normal processing and is with initial review @ USCIS. Now i got offer in Company B and they are trying to file H1b Transfer in premium processing. if my H1b with Company B gets approved. Will there be a problem to work for Company B, since my current H1b visa and i94 expired before Company B filed for H1B transfer. Please advise me on this to take a decision on my new Job.
There would likely not be too much of a problem with the H-1B transfer so long as the H-1B extension and the H-1B transfer are both approvable cases. However, if you wish to be cautious, you can wait until the time that the H-1B transfer by company B is adjudicated. It should be quick since the petition is under premium processing, which means that U.S.C.I.S. will reach the case within 15 days. At the time of adjudication, U.S.C.I.S. will also give a decision on whether to grant you an extension in the United States. In the event that you decide not to take company B’s job, you can always ask the company to withdraw the H-1B and cancel the approval. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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