H1B Transfer with approved I-140 while extension in progress for current employer

[Abhi1987]

Hello,

My current H1B visa expires by March 2020, waiting for my employer to file an extension in regular mode soon. Considering the pace of regular processing, I am assuming that my extension approval will not be received by March 2020, if I have to change to a new employer in March 2020, is it fine to apply for a transfer+extension from my new employer while the current one is in progress? Will this raise any conflict? Has this to be done before I-94 expiry?

Please suggest.

Thanks,

Abhi

[User099]

Its fine to apply transfer+extension while the current one is in progress. In the current environment, its best to file all cases while you current status is valid i.e. before i-94 expiry. Dont wait till the last minute.

 

[Abhi1987]

Hi,

Thanks for the response. What will happen if my new employer submits a transfer + extension after my I-94 expiry? Will it be considered as out of status and do I have to leave the country, get back only once the H1B is approved? Please let me know the possible situations here.

 

[User099]

If the new employer files for a petition after I94 expiry, it will most likely be a consular petition which means you will have to go for stamping and come back with the new visa and I94. 

New employer can also do a bridge petition which will depend on current employers approval which is risky.