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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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Current Status – H1B Post 6 Years – 9TH Year Current Validity

Customer Question

Current Status – H1B Post 6 Years – 9TH Year
Current Validity – 07/07/2015
I140 Approved
H1B Extension Filed on – 03/03/2015
RFE Date – 04/09/2015
RFE Receipt Date – 06/12/2015
H1B Extension in Process
1. Can we apply for H1B transfer with expired I94 while H1B extension is in process? Is there any chance of getting Approval for Comp B without I94 on the approval as we filed after applying for extension?
2. What happens when H1B extension is denied and H1B transfer is approved? Any issue with legal status? Bridging? Do we get I94 with H1B transfer? Do we need to travel back to india and come back?
3. What happens when H1B extension and H1B transfer are approved? Do we get I94 with both approvals?
4. Will H1B Transfer process depends on the decision of H1B Extension pending application?
5. My I140 approved in Sep 2011. Labor approved in Feb 2011. But I140 has priority date of Feb 2010. Is it ok if we do not correct it and wait for actual priority date which is Feb 2011? My lawyer says that we do not need to correct it.
6. H4 EAD any issue if my old I140 is not cancelled?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. QUESTION 1: Can we apply for H1B transfer with expired I94 while H1B extension is in process? ANSWER: No, not with the expired I-94. The only way this works is if the extension is approved first. You cannot apply for a transfer based on an expired I-94. QUESTION 2: Is there any chance of getting Approval for Comp B without I94 on the approval as we filed after applying for extension? ANSWER: No. You have to be in status to get an extension of status or to transfer to another company. You are not in status if the I-94 is expired, even through you are allowed to remain until your extension is approved. QUESTION 3: What happens when H1B extension is denied and H1B transfer is approved? ANSWER: You would have to leave the US (because you are out of status) and come back with a valid visa and approved petition for transfer. QUESTION 4: Any issue with legal status? ANSWER: Yes. You are out of status if your I-94 is expired and the extension is denied. QUESTION 5: Bridging? ANSWER: See above. Bridging only works if the underlying extension is approved. QUESTION 6: Do we get I94 with H1B transfer? ANSWER: Only if it is approved after the extension is approved. If the petition and extension are approved, you get a new I-94. QUESTION 7: Do we need to travel back to india and come back? ANSWER: Potentially. See above, where I said if extension is denied, you would have to leave the US, even if the H1B transfer petition is approved. QUESTION 8: What happens when H1B extension and H1B transfer are approved? ANSWER: You get a new I-94. Based on that bridging petition (extension approved), you can go to the next company when receipt notice is received. QUESTION 9: Do we get I94 with both approvals? ANSWER: If both are approved, then yes. QUESTION 10: Will H1B Transfer process depends on the decision of H1B Extension pending application? ANSWER: Yes. QUESTION 11: My I140 approved in Sep 2011. Labor approved in Feb 2011. But I140 has priority date of Feb 2010. Is it ok if we do not correct it and wait for actual priority date which is Feb 2011? My lawyer says that we do not need to correct it. ANSWER: The priority date is usually the date the PERM is received by the Department of Labor, not the date of approval by the Department of Labor. It sounds to me like the priority date of Feb 2010 is correct. QUESTION 12: H4 EAD any issue if my old I140 is not cancelled? ANSWER: I'm not sure what you mean. If the I-140 is not cancelled (i.e., there is still a valid, future job offer from that employer), then the EAD is not affected. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Expert:  Expert James replied 1 year ago.
Hi again, I think we are experiencing some technical issues. I received a message that you reviewed my response and have responded. But I cannot see that response above.Please post it again, so I can continue to help you and we can close this question. Thank you!

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