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My H1 transfer is in process and pending with USCIS. My I94…

My H1 transfer is...

My H1 transfer is in process and pending with USCIS.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

My I94 is already expired, can i stay and work after 240 days period

Lawyer's Assistant: Have you talked to a lawyer about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all

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Answered in 5 minutes by:
3/22/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,304
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You can stay after the transfer has been pending longer than 240 days, but you cannot work. If this is going to be a problem for you, you may want to upgrade to Premium Processing if it is available to get a decision much faster.

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, you may have to scroll up to the top of the page or 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.

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Customer reply replied 3 months ago
Subject: How long I can stay/work in USA after my I-94 expiry, while H1 transfer application is pending with USCIS.
Little background on my case:
I started my H1 transfer application (change employer) before expiry of I-94.
my H1 transfer application is pending with USCIS.
My I -94 got expired on 28-Aug-2017.
Queries:
1. Is 240 days’ period applicable to H1 transfer as well?
2. Do I have to leave country after 240 days of I-94 / Visa stamping expiry, even though my H1 transfer application is pending with USCIS?
3. Can I work and stay in USA until I got decision on my H1 transfer application pending with USCIS?
As per my employer I can work and stay after 240 days, Please suggest and provide any document where it says the rule.

1) Yes.

2) No. But you have to stop working.

3) You are repeating the same questions. You can stay in the U.S. until a decision is made, but you cannot after 240 days.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,304
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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