H-1B Transfer while Extension is pending

[prabhu04]

Hi,

 

I am currently working for employer A and I am on my initial 3 year H-1B Visa which is expiring on September 30, 2014. (I-94 expiring on October 10, 2014) So, employer A has applied for the next 3 year H-1B extension and the extension application is in process.

In this situation, I am looking for better career opportunities.

1) So, if I get a new job (employer B),  can the new employer (B) apply for my H-1B Visa transfer while my extension application through current employer (A) is in process?

2) If yes, what will happen to the extension petition that is already in process?

3) Will there be any issues in applying for a transfer to a new employer while current employers extension petition is in process?

4) What is the best approach to transfer the H-1B visa to the new employer without any issues while the extension through current employer is in process?

 

I would really appreciate if you could please clarify these questions and please add any other additional comments or thoughts that you might have regarding this topic. Thank you very much in advance.

 

Thanks!!

[jairichi]

1. Yes.

2. It will still be processed by USCIS.

3. No

4. Your new employer can file a cap exempt H1B petition and on approval you can join new employer.

[rahul412]

 

1) So, if I get a new job (employer B),  can the new employer (B) apply for my H-1B Visa transfer while my extension application through current employer (A) is in process?

2) If yes, what will happen to the extension petition that is already in process?

3) Will there be any issues in applying for a transfer to a new employer while current employers extension petition is in process?

4) What is the best approach to transfer the H-1B visa to the new employer without any issues while the extension through current employer is in process?

1. Yes, he can

2. Nothing, just forget about that petition

3. No

4. Make sure you got all the required documents for approval.

[prabhu04]

1. Yes.

2. It will still be processed by USCIS.

3. No

4. Your new employer can file a cap exempt H1B petition and on approval you can join new employer.

Hi Jairichi,

Thank you very much for your response. I have a couple of follow-up questions.

1) I read online that the most recent approval is the valid one. so, if the extension application gets approved after my transfer application with the new employer gets approved, will the transfer become invalid?

2)Should my current employer revoke my extension petition when i put the notice in to leave the company?

3) Should I request the new employer to do premium processing for the transfer or is regular processing better. Since, regular processing will take about 3 months, I am thinking that will be better because in that case my extension will get approved before transfer is approved. By that way, the most recent approval is the transfer approval. Please let me know. 

 

Thank you!

[jairichi]

Hi Jairichi,

Thank you very much for your response. I have a couple of follow-up questions.

1) I read online that the most recent approval is the valid one. so, if the extension application gets approved after my transfer application with the new employer gets approved, will the transfer become invalid?

2)Should my current employer revoke my extension petition when i put the notice in to leave the company?

3) Should I request the new employer to do premium processing for the transfer or is regular processing better. Since, regular processing will take about 3 months, I am thinking that will be better because in that case my extension will get approved before transfer is approved. By that way, the most recent approval is the transfer approval. Please let me know. 

 

Thank you!

1. Only when you move from one status to another last action rule applies.

2. By law an employer has to revoke H1B petition after employee leave the organization.

3. Refer 1.

[bavinash83@gmail.com]

I have a Similar problem. My Visa is getting expired on Sep-30-2014. My Current Employer has applied for an Extension and is in Initial Review Stage. I have an acknowledgement with me. Can I change my employer after Sep-30-2014 even though my extension for stay in US from my previous employer is in Initial Review Stage.

 

Thank you!

Avinash

[jairichi]

I have a Similar problem. My Visa is getting expired on Sep-30-2014. My Current Employer has applied for an Extension and is in Initial Review Stage. I have an acknowledgement with me. Can I change my employer after Sep-30-2014 even though my extension for stay in US from my previous employer is in Initial Review Stage.

 

Thank you!

Avinash

Yes, it can be done. It will be considered as bridge petition.