H1 ext pending since 7 months - can I apply for new H1 through another employer

[smilingajay]

Hello,

• I have applied for H1 extension in March 09
• My Visa got expired in April 09 and I 94 got expired in May 09
• We got a RFE in May 09 and we replied to it in June 09
• We raised a SR as we did not hear in 60 days of responding to RFE
• we raised another SR as we did not hear in 45 days of raising SR
• Now I want to change my employer - is it a good idea?
• Is it a good idea to apply new H1 through employer B, if quota is still available or H1 transfer is suggested?

Thanks in advance
Aj

[sk4ih]

You can apply for new H1.
H1 transfer is not possible as you're not in status now.

[txh1b]

Read about bridging and CP. Your stay past the I-94 in case of a denial or no reply from the employer to an RFE will make your stay illegal and as it is past 180 days, you will earn a 3 year ban.