H1B transfer with I-140 approved and 1 month left on 6 year H1B cap

[Deepak Gupta]

Hi,

I am currently on H1B and have my I140 approved with my current employer for more than 6 months. I have 1 month left on my current H1B (6 years) and have filed for an extension with my current employer. Is it possible to transfer H1B to a new employer without an approved extension. If it is possible does it have any risks?

Thanks!

[shervin143]

Possible if the new employer can file the transfer before your current I-94 expiry date. If you transfer after your current I-94 expiry date based on the pending extension, then it will be treated as a bridge petition which will complicate things. You will need a copy of your approved I-140 since you are already maxing out 6 years in H1B.