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User79

H1B transfer without having valid H1B

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1. My H1B visa was expired on September 2019. We have filed an extension cum amendment through my current employer before it expired. We are waiting for USCIS decision. My I-94 also expired along with my Visa. Unfortunately my current project will be over in few weeks. My employer does not have any other opportunities now for me. He asked me to look for opportunities with other employers. Can I do H1B transfer in this situation without valid visa?

2. My I-140 is approved in September 2019. It is just completed 4 months since it is approved?  If I move to different employer, is it risk for I-140? 

 

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1. Yes, you can do consular processing if you find a new job. 

2. Yes, if you employer withdraws i140 before 180 days you will lose the PD. See if he can hold the withdrawal for 2 more months. You don't need to work for the employer for him to hold the withdrawal.

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Thank you for your response. 

1. What is consular processing? Can you please provide more details? Will Consular processing be initiated by my new employer? Do we need any document from my current employer for that?

2. My current employer informed that they will not revoke my I-140, since they only asked me to search outside opportunities. Since it was a verbal communication, I had sent a confirmation e-mail to them about this. I believe they keep the promise. If in case any issue after I left them, Can I use that e-mail? Can you suggest what can I do be on safer side?

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1. Since your I94 is expired, your new employer can file an case and request for consular processing. If approved, you will have to go for a visa stamping and come back to start working for the new employer. Nothing needed from current employer.

2. Any confirmation he will give you is useless. You just have to trust that they will hold the I140 withdrawal.

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Thank you for your response.

1. For Visa stamping as part of consular processing, can it be done without leaving USA? or Should I leave USA and do in other countries?

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