Changing company in the 6th year of H1B without extension

[simmi1988]

I-140 approved in March 2018.

My I-94 expires in March 2019. H1B extension can be filed by my current employer in September 2018.

Filed H4 and H4 EAD for spouse in April 2018.

I have following questions:

1. If the new employer files for H1B transfer in August under premium processing, will USCIS extend my H1B automatically?
2. Why will happen to my spouse’s H4 and H4 EAD application? Will the H4 H-EAD application be approved when my H1B transfer is filed?
3. Can my H1B extension be rejected because my I-140 is filed by another employer?
4. Can there be any other complications? Should I wait until the end of this year before making a change?

[care_candidate]

First and most important thing to know id that there is no such thing as H1b transfer. It is same as applying for new H1b. Only difference is that it will not be counted from quota of 65,000.

1. When new employer files H1b, that is H1b visa. You do not need another extension. Extension = Visa. Remember that with new employer you will need another I-140, basically starting whole Green Card process starting with scratch.

2.  When new employer files for new H1b, they need to be applying to new H4 too. H4 goes with H1b. There is lot of talk going on with H4 EAD. As of now, there is no change but it may come with short notice. If your case is straightforward, H4 EAD should not have issue but don't assume anything.

3. That is not the valid reason for rejection. Again, when, you change employer, it is not H1b extension, it is new H1b.

4. If you made your decision to change, do it ASAP. Lot of times complication occur when there is less time, not more.

[simmi1988]

On 5/29/2018 at 1:33 PM, care_candidate said:

First and most important thing to know id that there is no such thing as H1b transfer. It is same as applying for new H1b. Only difference is that it will not be counted from quota of 65,000.

I Understand.

1. When new employer files H1b, that is H1b visa. You do not need another extension. Extension = Visa. Remember that with new employer you will need another I-140, basically starting whole Green Card process starting with scratch.

Yes, the new employer will need to file a new I140 but they can also use my old I140 petition to file for an H1b extension.

2.  When new employer files for new H1b, they need to be applying to new H4 too. H4 goes with H1b. There is lot of talk going on with H4 EAD. As of now, there is no change but it may come with short notice. If your case is straightforward, H4 EAD should not have issue but don't assume anything.

Yes, we need to file for H4 and H4 EAD. However, there is a chance that USCIS may process my H4 and H4EAD application with the H1B application from my new employer under premium processing. This is the ideal case as my spouse will have H4 EAD with three years on it.

I have seen cases where when an employer filed for new H1B application(transfer) for an individual, his new H1B had 3 more years on it. The individual was in 6th year of his H1b with I-140 was approved for previous employer, and H1B 6th year was ending in 10 months. In his case, the USCIS also extended the H1B for another three years with the H1B application. I want to confirm this possibility. If my H1b is extended when I file for H1B(transfer), which could result in an H4EAD for my spouse with three year on it. My spouse is on F1 visa and needs H4 EAD to apply for H1B in the coming years. This is the case I am aiming for.

3. That is not the valid reason for rejection. Again, when, you change employer, it is not H1b extension, it is new H1b.

Yes, my H1B application will be accepted. But I need H1B to be extended beyond 6th year to continue my employment after March 2019. I am concerned whether I will be able to use the I140 filed by my previous employer to get H1B extended beyond 6th year.

4. If you made your decision to change, do it ASAP. Lot of times complication occur when there is less time, not more.

I don't think there will be a problem if my current employer files for an H1b extension for me. After getting 3 years more on my H1B I can transfer my H1B to any employer.

However, I want an H4 EAD for my spouse with three more years on it.