Cannot switch to new employer until my extension is approved with current employer?

[USA2013]

Hi,

Scenario:
I had entered US in Nov, 2009. Currently my H1-B is stamped till mid of Feb, 2014.
My current employer will be filing for my extension of VISA in first week of December (per the internal policy where they apply approximately 2 months before current validity
expires)
The average time for H1 extensions approval now a days I have heard is around 4 - 6 months, which means I can expect my extension approval between April - May, 2014.

Question:
Can I switch to a new employer between mid Feb - May, that is during the period where my current H1B Visa stamping would have expired, but my extension is in progress/process with current employer and awaiting an approval
OR
Do I have to wait to switch to new employer until my extension is approved with current employer?

Thanks,
Bhavesh

[Nattybone]

Hi,

Scenario:
I had entered US in Nov, 2009. Currently my H1-B is stamped till mid of Feb, 2014.
My current employer will be filing for my extension of VISA in first week of December (per the internal policy where they apply approximately 2 months before current validity
expires)
The average time for H1 extensions approval now a days I have heard is around 4 - 6 months, which means I can expect my extension approval between April - May, 2014.

Question:
Can I switch to a new employer between mid Feb - May, that is during the period where my current H1B Visa stamping would have expired, but my extension is in progress/process with current employer and awaiting an approval
OR
Do I have to wait to switch to new employer until my extension is approved with current employer?

Thanks,
Bhavesh

Hello, Bhavesh.

You could file for a transfer but that decision would depend upon your successful extension of H1B. Your transfer petition, while the extension decision is awaited, will most likely hit a RFE.

Wishing you luck.

Cheers,