H1B Extension and Visa Transfer

[maverick69]

Hello,

 

I currently have a valid H1-B visa till 30-Sep-2014 with my current employer A. Employer A had recently applied for extension as well. Unfortunately, Employer A had filed this in regular process so extension won't be approved before 30-Sep-2014. Now, I'm planning to move to employer B. 

 

My question is: If I want to switch to employer B after 30-Sep-2014 (at that point of time, I don't have approved extension and my visa will be expired), what are my options for switching to employer B?

 

My understanding is, once I receive my H1-B extension approval I can request for H1 transfer from employer A to employer B - though my visa is expired but I will have valid petition approval from extension. H1 transfer for employer B cannot be done between the time frame 30-Sep-2014 and my extension petition approval from employer A. Please correct me if I am wrong.

 

Please let me know if any of the above information is insufficient.

 

Thanks in advance!

 

 

 

 

 

[jairichi]

When does your I94 expire? If employer B files a cap exempt H1B petition after I94 expiry then it will be considered as bridge petition.

If employer B's petition gets approved and extension gets approved then you are fine. If employer B's petition gets approved but extension gets denied just exit and enter US with a valid H1B visa and employer B's I797. 

[pontevecchio]

You can have the new H1 sponsor file before September, 30.

[maverick69]

Hi jairichi,

 

Thanks for your response. My I94 is about to expire on 30-Sep-2014.

 

So, from your message I understand even after 30-Sep-14 I can shift job before my extension gets approved. However, if I wait until my extension is approved I am fine and no need to go for stamping immediately. Please correct if my understanding is wrong.

[jairichi]

Hi jairichi,

 

Thanks for your response. My I94 is about to expire on 30-Sep-2014.

 

So, from your message I understand even after 30-Sep-14 I can shift job before my extension gets approved. However, if I wait until my extension is approved I am fine and no need to go for stamping immediately. Please correct if my understanding is wrong.

Yes, as long as you have an I94 with B's I797. But, do not join employer B before B's cap exempt H1B petition approval. If you do so you might end up in trouble if B's petition is denied and employer A has revoked your H1B petition.