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Questions on H1B Extension

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. 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 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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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.

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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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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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 nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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