H1b transfer with receipt of extension

[kaushika]

Hello,

 

I work for company A and on my 4th year of H1-b; my extension has been applied in May and I have the receipt of it. With this receipt, can I join another company if they are willing to apply for my h1-b?

 

Thanks,

Madhuri

 

[jairichi]

Your new employer has to file a H1B petition (cap exempt) for you and upon approval you can join

[kaushika]

Hello,

What is cap exempt? And by approval you mean the actual approval and not the reciept itself. Is it?

Thank you.

[jairichi]

Hello,

What is cap exempt? And by approval you mean the actual approval and not the reciept itself. Is it?

Thank you.

Since you were already subjected to cap (65,000 quota) you do not have to go through it again. That is why I mentioned cap exempt. Well, you can begin to work for a new employer upon receipt notice. But, it is always suggested to get approval before you begin work. Say for example you resigned from your current employer and if for some reason your approval is denied what happens to you status? You could ask your new employer to do premium processing.

[kaushika]

Does it matter that my H1b is expired and my petition is being reviewed?

 

Thanks

[jairichi]

No, it does not matter if your H1B visa or petition has expired.

[jairichi]

As long as you have not reached your maximum of 6 years stay in H1B a new employer can apply a H1B petition anytime and upon approval you can begin to work