I lost my job last month and my old H-1B (and I-94) was expired one week ago, and I got an offer and want to transfer my H-1B to the new company. The attorney of the new company told me that he will file a premium application but I have to go back China for visa (he will check this option). So if it is approved, there is no I-94 for sure.
But he is sure that I can get the visa in China.
-I agree.
I asked the attorney not check the option, but he said my H-1B transfer may be denied because my old H-1B is expried.
-I do not think the H1 transfer will be denied, buty the approval may have no I-94.
I wonder if I ask the attorney not to check the option back China for visa, how much more risk I get denied? If it is denied, what should I do? thanks!
-May not need to check the consular processing option, but it is not different to check it.
I heard that there are 3 possibilities: a) approved with I-94; b)approved without I-94; c)denied
-Most likely your H1 transfer result will be "b)". So, you still need to get the H1 visa outside US such as in China. But I do not think you have any risk to get the H1 visa in China (H1 visa is different from F1 visa)
