H1B Extension

[Kumarvee1]

Can I transfer H1B to new employer while current H1B is under processing

My 1-94 expire month ago

[User099]

Yes, you can. 

[Raj2223]

Can I use my previous employer's approved I-140 to file an H1B extension for my current employer, considering my job description changed slightly since my previous job (since approved I-140)? Secondly, is there a possibility that this would tigger a RFE?

[gopalakrishnach]

17 hours ago, User099 said:

Yes, you can. 

Can OP do that with expired I94. I think OP can do sincemay be at time of H1B submission it didnot expire?

I thought OP need to wait till current under-process result comes since I94 expired.

[pontevecchio]

Based on the "Bridge Of Continuity", any transfer by the Op will only be possible if the existing petition is first approved. Of course, CP is possible.

[User099]

On 1/24/2020 at 4:25 PM, gopalakrishnach said:

Can OP do that with expired I94. I think OP can do sincemay be at time of H1B submission it didnot expire?

I thought OP need to wait till current under-process result comes since I94 expired.

Well he only asked me if he can do it and I replied he can, if he asked me how I would have given him the options :)

He can do a Bridge petition or do fine requesting consular processing. But there are risks with bridge petition which will depend on the approval of the original petition. 

[gopalakrishnach]

19 hours ago, User099 said:

Well he only asked me if he can do it and I replied he can, if he asked me how I would have given him the options :)

He can do a Bridge petition or do fine requesting consular processing. But there are risks with bridge petition which will depend on the approval of the original petition. 

Thanks for explanation.