H1B renewal approval pending + H1B transfer

[MayH1B]

Hello -

I am in a tricky situation, my current employeer have filed for my H1B extension in June but it have not been approved yet and my first H1B expired in October. Now I got a better offer and I want to switch companies but dont know how can I transfer H1 if the extension is not approved.

Please advice. Thanks.

[pontevecchio]

The new company can file and get the H1 petition approved and you can leave and come back with the H1 visa. Since the current I94 has expired any H1 petition transfer approval can only happen if the petition with A is first approved.