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Applied for visa extension..can I change company?

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  • Applied for visa extension..can I change company?


    My current H1 expired on July 31st, 2005. My company had applied for extension during first/second week of July. Now I'm offered a good job by another company and I'm interested in taking the job. Not sure how it will work in the present situation. The new company says its going to take care of the extension/transfer. Can the new company apply for H1B extension at this stage when my current H1 had already expired and I don't know the new EAC#.
    Is there any risk here? Will I be in illegal status? Can anyone advise me if I will face any problems if I switch the company now at this stage?.
    Also, will the situation be better if I get EAC# for the extension filing.

    Do I need to wait till the new company applies and gets the new EAC# before I actually start working at the new company or can I start working on the day they file my visa?

    Any suggestions,advises would be greatly appreciated.

    Thank you all.

  • #2
    Can anyone help me out here plz?


    • #3
      The new company can file only for either a fresh H1B(bound by cap) or a H1b transfer(not bound by cap). Since the old company has already filed for your extension, you will be in status during the pendency of the extension application. If you are refused extension, you will be out of status. But if there is a new H1b or transfer filed by Co.B pending approval, then you will continue to be in status till such approval. You may start working for such Co.B if you have the receipt number (Portability Rule). You should contact the co./attorney for more info in this regard.