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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108637
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Team, I have H1 visa and my I94 is due to expire by Sept 12

Customer Question

Hi Team,
I have H1 visa and my I94 is due to expire by Sept 12 as my latest I797 from current company is valid till same date.
my current company has files for extension and I have received the receipt of July 25 for same which is in normal processing expected to get response in 6 months.
Now I have offer from a new firm ready for H1 transfer but looks like they might be able to initiate the H1 transfer in Sept 1 week only at earliest or may be after Sept'12.
Please suggest how can I have my H1 transfer to new org. safe with out any issues later.
Should I file premium for my extension or new transfer with premium is only what I need
mittal harsh
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

They would have to initiate the transfer before your current I-94 expires. If they initiate the transfer after September 12th, then you would need to wait for your extension to be approved before you can transfer because you need he extension to "bridge" the gap between September 12th and the date that your new employer files the transfer after September 12th. Of course, your new employer could just file the petition and once approved, you can leave the U.S. and come back into the U.S. using the new approval and your old H-1B visa.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 11 months ago.
Thanks for the response.Can you please confirm application transfer must be sent to USCIS before 12 sept or we should have the receipt of transfer received before it or we need the transfer to be completed before 12 sept.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

It should at least be post marked as in the mail by September 11th, 2016, though it wouldn't be a bad idea to make sure that they receive it by or before September 12th, 2016, just to be on the safe side.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Harsh. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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