H1B Extension or Transfer options

[Rakahee]

 I need assistance with filing new H1B visa petition as of my current H1B Visa as well as I-94 Validity expired on 02-AuG-2017.

H1B extension was filed by my employer in May 2017. As of today, the online status is “Request for Additional Evidence (RFE) Was Mailed”. But employer has not yet received. Moreover, employer confirmed that my last day with the company is mid of September.

In the light of the above, I would like to know what my options are. Can a new H1B be filed while I am here in the states and start working with new employer? Please explain how to get H1B without going to my home country for Visa stamp.

 

[pontevecchio]

Since the existing I94 expired, you will need to wait for H1 petition approval before joining any new employer. A "transfer" to a new employer will only be possible now if the existing extension is first approved based on the bridge of continuity. Of course you can get a H1 petition approved by another employer and leave and return with the H1 visa.

[shekar11#]

19 hours ago, Rakahee said:

 I need assistance with filing new H1B visa petition as of my current H1B Visa as well as I-94 Validity expired on 02-AuG-2017.

H1B extension was filed by my employer in May 2017. As of today, the online status is “Request for Additional Evidence (RFE) Was Mailed”. But employer has not yet received. Moreover, employer confirmed that my last day with the company is mid of September.

In the light of the above, I would like to know what my options are. Can a new H1B be filed while I am here in the states and start working with new employer? Please explain how to get H1B without going to my home country for Visa stamp.

 

No a new employer cannot apply for H-1 as your I-94 already expired. You need to wait for your extension to be approved to be able to transfer to another employer.