H1B:Need to wait to switch to new employer until my extension is approved with current employer if current H1B stamping date expired

[USA2013]

Scenario:

I entered US in Nov 2009. My H1B is stamped till mid Feb 2014.

My current employer will be filing for my extension of VISA in first week of Dec 2013 ( per my employer policy where they apply only 2 months before expiration of current stamping).

The average time for H1B extensions approval now a days I heard is around 4 - 6 months, which means I believe I can expect an approval between April - May 2014.

 

Question:

Can I switch to a new employer between mid Feb - May 2014 , that is during the period where my current H1B VISA stamping would have expired, but my extension is in process/progress with current employer and awaiting an approval ?

OR

Do I have to wait to switch to new employer until my extension is approved with current employer ?

 

Kindly help.

Thx

[pontevecchio]

VISA stamping has NO connection to H1 status. As long as the current I94 has not expired any employer can file your H1 petition.

[USA2013]

Hi - Thx for your reply. But that is what I am referring to was current I-94 is expiring In Feb 2014.

[arvind_shanbhag]

If your I94 has expired but your H1B extension is already in process with a receipt before the I94 expired, then you are in status. 

This is my opinion since I am going through it now, but a lawyer must be consulted , best would be if you consult with the new employer / new company lawyers and immigration team.