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H1 Extension/Transfer

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  • H1 Extension/Transfer

    Hi,

    Could someone please help me understand, if one can change his/her employer when H1 extension is in process?
    My current H1 would be expiring soon, and my current company has filed for an extension; trying to understand if I could be able to change my employer before H1 extension result is known.

    Thanks!

  • #2
    Another employer can certainly file for you. What gets complicated is the status part of the petition.

    If your current I-94 is expired and extension is pending your status depends on the result of that petition. In that case you cannot join the new employer based on receipt only and you need to wait for the new employer's petition to get approved with a new I-94 and that will happen only if current employer's petition is approved with I-94.

    If current I-94 has not expired, another employer can file for you and you can join them based on receipt only.
    This is my opinion and not legal advice.

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    • #3
      Thanks kabkaba, your explanation makes sense to me.

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