Job Change while H1b extension still pending

Asked about 1 year ago - Danbury, CT

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Hi, My H1b expired in March 2012 and my extension is still pending status (been 5 months). Am I eligible for H1b transfer if I change my job now. If so, what is the process. Thanks.

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Attorney answers (4)

  1. Pro

    Contributor Level 10

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    Answered May 05, 2012 11:37. I agree that this is dangerous. You are authorized to work and are in a status authorized by the Attorney General. But this case would be one of the so called "bridge" cases, where your new requested status depends on the grant of the previously requested status. So, CIS waits to see what happens with the previous request. If that is granted, this new request may be granted. But if the previous request is denied, say, because the previous employer withdraws the petition, or if CIS issues a Request for Evidence the employer would no longer bother to respond to, then the pending case is denied, and your new case would be denied a change of status, and you would have to go try to explain to the Consulate how you have not violated your status. It would be a real mess. Far better to wait.

    The above is not legal advice. It is general information. I only give legal advice to those who have a retainer... more
  2. Contributor Level 20

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    Answered May 05, 2012 11:09. Very dangerous thing to try, so many things could go wrong. I would wait until the extension is granted first, then port. I really don't think you can port before since you do not have the visa, just extended employment for 240 days.

  3. Contributor Level 18

    Answered May 06, 2012 00:02. I agree with my colleagues.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  4. Pro

    Contributor Level 15

    Answered May 06, 2012 18:16. Substitute the change of employer petition for the pending extension. Make sure you have recent paystubs to submit.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more

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