I 797 Active , i 94 expired

[sajju247]

Hi,

 

I am in a situation where the I 797 ( H1B Petition ) is approved until Jan 2016. While I 94 has been expired this month. 

 

The current employer has applied for an extension. 

 

Just wanted to know what the options are if i wish to change the employer immediately. 

 

As in can the the new employer file for the transfer immediately or the current extension process has to conclude before a new petition can be filed.

 

Thanks !

[jairichi]

New employer can file a cap exempt H1B petition.

[pontevecchio]

Any H1 petition by another employer after I94 expiry can only be approved for a transfer once the current extension is approved. But you can have a H1 petition approved for any employer and leave and return with the H1 visa to work for them.