Questions on H1B Extension

Asked over 1 year ago - Indianapolis, IN


1) Is it possible for me to switch employer when my H1B Extension is in process
2)In case I switch my employer 1 month before my H1 B is getting expired and H1 B Extension is not filed, then am I eligible for the H1 B Transfer and Extension through a new employer??

What will be the compliecations in both the above cases??


Attorney answers (4)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 1. Yes
    2. Tricky. New prospective employer better use Premium Processing Service with its petition and have it approved before your current H-1B's expiration date.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Samira Recob

    Contributor Level 10


    Lawyers agree

    Answered . I assume you already have an H-1B that has been taken out of the quota. So, if that is the case, the I suggest you file your H-1B extension with new employer under premium processing. It is okay to file an extension while your current H-1B extension is in process. To answer your second question, you can certainly file a transfer to a new employer before the expiration date of your current H-1B visa validity date. Your fact pattern is rather brief, still suggest you consult with immigration attorney in more detail.

  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . Yes, but if your I-94 has expired the new employer's extension will only be approved if the current one's is first approved.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Lalita Haran

    Contributor Level 14


    Lawyer agrees

    Answered . H1 workers have the benefit to be change employers but only according to the prescribed immigration procedure. You may have some timing issues to deal with.
    Lalita Haran
    (317) 660-6174

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more

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