H1B Maxed Out - Job Change Question

[Shree_CS]

I am employed with Company A and I have maxed out on my H1B (7th year in progress). In 2009, my EB3 case was filed and I 140 approved in 2010. In 2012, we ported my case from EB3 - EB2 retaining the same PD (Jan 2009) within the same company. I 140 approved in Apr 2013 for my EB2 application. My H1B visa is expiring in Oct 2013. 

 

Company A is not filing for my extension as they couldnt find a active assignment yet. They want to wait till I get a active assignment before filing for the extension. 

 

Meanwhile, can I change employers at this stage? I hear people saying, once the H1B is maxed out, I cant change employers till I get my EAD. I also hear couple of them saying we could use a AC 21. Please advise.

[shandan]

Hi,

 

Unfortunately, you are asking this question when you are really close to your H1B expiration.

 

Yes you can transfer the H1b to a new employer and as long as your current employer is not revoking your approved I-140 you could use that to file for H1B extension for another 3 yrs.

 

But in your case your best bet is your existing employer filing for an extension before Oct 2013, because I think though technically you should still be able to file H1b transfer and extension prior to Oct 2013, logistically and with the possibility of an RFE on Transfer it is kind of pushing your luck too hard to have it all done by Oct 2013.

 

Good Luck

[Shree_CS]

Thanks Shandan! I am hoping my existing employer files for an extension at the earliest.