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rivaldo

Can I change employer while awaiting H1B extension outside USA ?

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Situation:
I came to my home country India in mid-Jan on paternity leave. We were supposed to fly back in April but are stuck due to covid-19 pandemic situation. Since my visa is going to expire in end of May 2020, my employer has filed for extension under regular processing (since premium is suspended as of now) under consular notification. We can not fly back to US until visa is approved and we get a visa stamp from US embassy (when it opens). All this will take couple of months.
I sense that due to impending recession it is quite likely that my employer may be forced to do layoffs.

Questions:
I was thinking of interviewing with other employers. Assuming I get an offer and they are ok with the timeline, is it feasible that a new employer can file for my H1B transfer while my H1B extension with present employer is pending ? What are the chances of such transfer being approved ?

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If your I94 expired then your second H1B will depend on present employer extension I guess. If not, you can have 2 H1B petitions at same time.

Regarding chances nobody can give you any ball-point figure. Sorry we did not achieve that magical powers yet.

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17 hours ago, rivaldo said:

I was thinking of interviewing with other employers. Assuming I get an offer and they are ok with the timeline, is it feasible that a new employer can file for my H1B transfer while my H1B extension with present employer is pending ? What are the chances of such transfer being approved ?

Yes, new employer can also file for a transfer while extension is pending. Chances of approval can only be answered by your employer and attorney.

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Hi,

Your prospective U.S. employer can surely file a H1B Petition for you that will not be subject to the lottery as you have been previously counted in the H1B cap. The approval of the H1B Petition to be filed by your prospective employer is subject to the requirements laid down by the USCIS. A very relevant article for your reading can be found at https://www.murthy.com/2017/04/20/h1bs-cannot-be-transferred-misconceptions-around-h1b-employment-change/

Please consult with our affiliate office in the U.S. if you have queries or if your future employer needs assistance with the filing. Information to reach them is available at https://www.murthy.com/contact-us/
 

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But do I have only until May end to find a new employer ? After May end am I considered out of status OR still in status until there's no decision on my extension ?

My present employer is also working on shifting me to Indian payroll as they have offices here. So suppose after two months if I find a new employer and apply for H1b via them, will there be an issue b'se the only recent paystub I'll have from present employer will be from this month (April) ?

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You by definition only have a status while in the US. And paystubs are only needed while in the US in H1 status. They don't matter when you are abroad.

 

Edited by JoeF

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