H1B renewal by new employer based on I-140 after visa expiry

[Akash1234]

Hello,

 

I-140 is approved from current employer and my H1B is going to expire on August 30th 2013. My current employer has already filed for H1B renewal but waiting for approval. In the mean while I have received an new job offer from another employer, and I would like to know if new employer MUST file H1B renewal prior to expiry (August 30th 2013) of my current H1B or is it ok if they file even after the expiry of my H1B based on my approved I-140. The issue is it may take some time for the new employer to file H1 transfer/extension due to pending approvals etc.

 

Thanks for your help.

[Akash1234]

I have received I-797 for the H1B renewal petition (normal processing) by current employer where I am still employed. Is it still necessary for new employer to file H1B Transfer/renewal prior to the expiry of I-94.

 

Thank you.