Change of employer during extension filed with current employer.

Asked over 1 year ago - 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)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . 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... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,474 answers this week

2,763 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary