Can I transfer to a new company after with different exp dates ( On passport with previous employer aug 2020, I797 with current employer till 20 Dec 2019 (I-94 date on I797 Dec 31 2019)

[KP51]

Hi,

Please find below is my visa status.

1. Stamped Visa on Passport - 20-Aug-2020 with my previous employer (A), I-94 from I-94 portal is 20- Aug-2020

2. Current I-797 Exp date - 20-Dec-2019 with my current employer (B) and I-94 date on this I-797 copy is 31- Dec-2019. H1B extension is in process with my current employer (B).

Can Someone suggest me if I will be eligible to transfer to new company after 31 -Dec-2019. 

What will be my valid I-94 expiry date? (is it the one from current I-797 or from I-94 portal that get's after entry to US ) 

Thanks,

 

[pontevecchio]

Yes. If you want to join another company after 31 Dec, you can have another employer file and get an H1 petition approved. Any approval will mean you need to leave and return on your existing visa and that H1 approval.

You are eligible for a total of 6 years in H1 status with no period longer than 3 years at one time. It may be shorter subject to the duration of the project etc. H1 status means time working in valid H1 status in the US. It is immaterial when the original H1 petition was approved.