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Change of employer during extension filed with current employer.

Houston, TX |

My Current H1 B is valid until May 2013. If my current employer is filing an H1 Extension through regular processing it may take 4-5 months for the decision.
In the mean while is it possible for me to change employer while my H1 extension is in progress? Kindly request you to let me know if there are any risks involved. Thanks for your answer in advance.

Attorney Answers 3


Yes, while your current H-1B status is still valid. It doesn't matter if your current employer will also have an application for the extension of the H-1B you currently hold with them.

A petition by your new prospective employer will be accepted and adjudicated on its merits. All you need is to be in valid status when that new H-1B petition will be submitted.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Yes, you could change employers while it is pending ... but it will be a mess.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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Your new employer can file an application for an H-1B change of employers, but it will go more smoothly if you wait until your extension is approved.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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