URGENT !!! H1B and H4 extension filing

[Swaroop kolluri]

Hi,

Here is the background. I'm on H1B and my son is on H-4 and our visa's are set to expire on End of October 2023. My current employer is filing for extension for both of us in regular processing.  And I'm in talks and have a plan to join a full time opportunity(new employer-NEW H1B) in January 2024. By that time, My current employer's extension will be in progress with USCIS and old visa would have been expired on October 2023.

As the current processing times is around 4-6 months for H1B and 6-9 months for H4 extension.

What are the challenges to join new employer in Jan 2024 ? Do i have to wait until the ongoing extension request gets approved ?

Or do i need to consider going for premium processing ?

 

 

[Attorney_24]

If your current employer's extension petition is still pending there is a risk that the new employers petition may be approved for Consular Processing (approval without I-94 in which case you will have to leave the US and then return in H-1B status). To avoid that risk you could opt for premium processing and have the extension approved before the new employer files their petition.