Skip to main content

Should I change job with 2 - 3 months left in my H1B ( finishing 3rd out of total 6 yr )

New York, NY |

My H1B visa expires end of Jun 2013 . I have options to apply for another 3 year extension . But I am looking to change jobs now with just 4 months remaining in my current H1B visa . Suppose I start new job in 2 months , will the new employer transfer remaining 2 months on my current H1B from old employer to under their name . Then they also need to reapply for the extension of 3 years around the same time . Is it too risky and complex to change at this time . Should I wait to start new 3 year extension and then change ? How will this work ?

Attorney Answers 3


"H-1B transfer" is a misleading phrase that has emerged in the immigration world. There is no such thing. The new employer files their own petition and can request a full three years if you have at least 3 years left in your 6 year maximum (less if less available). The big advantage of the second and subsequent H's is that you have already been counted against the quota unless you worked for a cap-exempt employer so don't need to be counted again and further you may begin working for the new employer as soon as the Petition is RECEIVED by USCIS -- you do not need to wait for the Approval.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment



But If I start at new employer with new 3 year extension, what will happen to my remaning couple of months in current 3 year cycle. Will they be wasted ?


Ms. Feldman is spot on.

The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only. It is not legal advice and should not be considered or relied upon as legal advice. Transmission or receipt of the content of this information does not create, nor is it intended to create, and receipt does not constitute, an attorney-client relationship. Because each matter involves differing facts, online readers should not act upon the content of this website without seeking legal advice.

Mark as helpful

1 lawyer agrees


Only you can decide whether to change jobs. Otherwise, I agree with my colleagues.

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.

Mark as helpful

Education law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics