Existing amendment processing while looking for new Job

[RashmiA]

Hello Experts,

I am working on H1B visa and my current employer wants me to work out of a new Location which means it needs an amendment to be filed for the new location. I am also actively looking for a new Job altogether in the meanwhile.

My question is that if my amendment is filed and is in progress and in the meanwhile if i get another job with another employer who would want to file H1B transfer, would the existing amendment application create any kind of issue ? If yes, what kind of issues can come and what should be done to avoid any such scenarios.

My second question is that when amendment process is going on, can we travel outside of US or that is not permitted?

Please advise. Thanks in Advance!

Regards,
Rashmi

[NotAnAttorney]

Yes for both your questions until you have valid approved H1B.

[RashmiA]

Thanks for your answer.

So if i understand it correctly, while amendment is in process with my current employer, new employer cannot file H1B transfer ?

and second question, while amendment is in process, I can still travel out of US?

Is my understand correct? Please advise. I really appreciate, if you can share more details about it.

[NotAnAttorney]

Sorry for the confusion in my answer.

I mean to say Yes, a new company can still file H1B and yes you can travel outside USA while your amendment is in process., but you should be having a valid approved H1b petition

[RashmiA]

Thanks so much. So i think I am good as long as i have a valid approved H1B petition either from current employer or future employer even though amendment process is ongoing for current employer.

[NotAnAttorney]

Yes.

Ideally when you move to new employer, your old employer will have to ask the USCIS to withdraw the H!b petition and also any other petitions that are under processing like extensions/amendments. Per law, the employer have to notify USCIS once an employee moves out of the company.