I-797A expired H-1B extension pending

[neutrino]

Hi,

My I-797A expired a couple of months back but my employer filed H-1B extension a month before that. However that application is still pending. I was told by the law firm at my employer that it is fine as long as the extension was filed before the expiry date on the I-797A.

Now my question is can I apply for H-1B with another employer while the H-1B extension with current employer is still pending and considering the I-797A has already expired or do I have to wait for that approval to come through and only then can I file an H-1B transfer application with another employer?

Please reply.

Thanks.

[Attorney_24]

Although it may be possible to apply for a change of employer petition when an H-1B extension with current employer is pending, decision on the change of employer petition will generally depend on the outcome/will be made only after the pending petition is adjudicated. Kindly consult with an immigration attorney to discuss specific facts of your case and available options.