Advice required on H1b transfer

[ankit2679]

I worked on H1b visa with my Previous Organization for 1.8 years and went back to India.

In india, i changed Organization and reapplied a new H1B Visa, as my last visa was expired.I recevied on fresh new Petition.

I am in US on 2 Months assignment on new H1b Visa, Can i switch my job and transfer my visa to new employer.

[livliv]

Yes, another employer can file a cap-exempt petition for you.

[ankit2679]

Thanks for the replay.

But can i be in US till my new employer files Cap -Exempt Petition.

Also new Filling will take around 5-6 months and currently i am in US.

Please let me know

[livliv]

You can remain in the US as long as your I-94 is valid and as long as you maintain H1 status (work for the sponsoring employer). New employer's petition must be received by USCIS before your I-94 expires and before your last day of work with the current employer.

Why does new filing take 5-6 months? Normally, it takes 7 days for LCA, 1 week for getting receipt and 2 to 3 months in regular for getting a decision (15 days in premium). You can either continue with the current employer or join the new employer after new employer receives the receipt notice.

[wiweq]

Go for PP.