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  • H1 travel / transfer when applied for extension

    Hi

    I have been in USA for one year. MY wife went back to India from USA in Dec and will be returning in Feb.

    My H1 and _I-94 are valid till 31st July 2013. My queries are:

    1. I am thinking of changing jobs. But my current employer also wants to apply for extension of my H1. Will there be any issues if I change job (by Feb/March) and extension has been applied or Should I change jobs and then ask new employer to apply for extension?

    2. Will my wife face any issues in travelling back to USA (Before July 2013) if extension is applied?

    I will like advise particularly for point 1 since reading through other posts, there is something called Bridging required. I am confused that if my visa and I-94 are valid till july 2013, will my present employers cancellation of extension application have any impact on my stay in US.

    If there are some existing threads with similar answers, please add the links in your reply.


    Thanks!

  • #2
    Hi

    Can someone please answer the question below?

    Regards

    Comment


    • #3
      Originally posted by puttura View Post
      Hi

      I have been in USA for one year. MY wife went back to India from USA in Dec and will be returning in Feb.

      My H1 and _I-94 are valid till 31st July 2013. My queries are:

      1. I am thinking of changing jobs. But my current employer also wants to apply for extension of my H1. Will there be any issues if I change job (by Feb/March) and extension has been applied or Should I change jobs and then ask new employer to apply for extension?

      2. Will my wife face any issues in travelling back to USA (Before July 2013) if extension is applied?

      I will like advise particularly for point 1 since reading through other posts, there is something called Bridging required. I am confused that if my visa and I-94 are valid till july 2013, will my present employers cancellation of extension application have any impact on my stay in US.

      If there are some existing threads with similar answers, please add the links in your reply.


      Thanks!

      Petitions filed by your current employer (extension) and new employer (transfer) are independent. They can be filed at any time as long as your I-94 is valid. If transfer is filed after your I-94 expires while the extension is pending, that will create problems and bridging will be necessary. Complications also arise if you leave current employer and join the new employer without having transfer approved.

      Whenever your wife returns to the US, she should show the approval notice corresponding to the employer that you are working for at that time. If she returns while extension or transfer is pending, she needs to file her own extension.
      This is my opinion and not legal advice.

      Comment


      • #4
        Thanks

        Comment

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