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  1. #1
    Join Date
    Oct 2006
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    3

    Question H1 transfer - original one expired

    Hello
    I came here with a small company on H1 in early 2006. After few months, they could not show me any project and I have accpeted another employment. The new company B, filed my H1 transfer and after getting my receipt number, I started working for them.Mean while my visa from the small company expired and hence my I94 is also expired. But I am still waiting for my visa transfer approval.
    I have got a very good opportunity with a MNC and they are interested to apply for my visa transfer. They are saying it is legally possible though my visa application is pending with INS from company B.
    Is it true that in my case MNC can apply for a visa transfer without having a valid I94 and Visa papers with me?
    Is there any risk in accepting employment with MNC?
    Thanks for your reply and appreciate your help.
    Manjusha.

  2. #2
    Join Date
    Sep 2005
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    Default Re: H1 transfer - original one expired

    Are you still in the U.S. with an expired visa and expired I-94, or did you return to your nation of origin?

  3. #3
    Join Date
    Oct 2006
    Posts
    3

    Default Re: H1 transfer - original one expired

    Hello
    I am in US. I am working with my company B and in a project.
    Since company B applied for extension and transfer of my visa very well before my initial visa expire, my status is still valid as per my knowledge.

    Thanks for your reply.
    Manjusha.

  4. #4
    Join Date
    Sep 2005
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    Default Re: H1 transfer - original one expired

    I see. That would leave you eligible to work for your employer for up to 240 days while the USCIS considers the application for extension.
    Quote Quoting 8 CFR § 274a.12 - Classes of aliens authorized to accept employment.
    (20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to Secs. 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision. (Revised 1/1/94; 58 FR 69217)
    If your prospective employer can find a legal way around that, great - but be careful, as that language suggests that for now you have to stick with the employer who requested the extension.

  5. #5
    Join Date
    Oct 2006
    Posts
    3

    Post Re: H1 transfer - original one expired

    Hello
    I appreciate your reply very much. I have read this section long back, but when the situation arise, I forget. It was really helpful that this section is copied and pasted in your reply. Thanks so much for your advise and this is a real point that I need to take caution.
    Thanks a lot , once again.
    Manjusha

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