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Can I change employers while my H1B extension is processing?

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  • Can I change employers while my H1B extension is processing?

    Hopefully a simple question, but my H1B is expiring and my current employer (A) has already submitted the application to extend/renew my H1B for the 2nd 3 year term (though haven't heard any response as its only been a couple weeks). I may have a new opportunity arise in the next couple of weeks with a different employer (B). Could employer B submit a change of employer application while the renewal from employer A is in process? Or am I essentially stuck until the renewal has processed and I have my new paperwork?

    Thanks!

  • #2
    It depends whether the new employer can file the transfer before your current I-94 expiry date or after the expiry date based on the pending extension. If they can file it before your I-94 expiry date, then you are all good. If not, it will become a bridge petition.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      It depends whether the new employer can file the transfer before your current I-94 expiry date or after the expiry date based on the pending extension. If they can file it before your I-94 expiry date, then you are all good. If not, it will become a bridge petition.
      The current expiry date isn't until early 2016, so it would be no issue to file the transfer before then. It would be this month. I just want to make sure that crap doesn't fit the proverbial fan if there is an extension filing and a transfer filing going at the same time.

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      • #4
        Then it is not a problem. Advisable to file the transfer first before filing the extension. Because, there are cases when the extension is pending, USCIS has issued an RFE for the transfer.

        Originally posted by kanuck989 View Post
        The current expiry date isn't until early 2016, so it would be no issue to file the transfer before then. It would be this month. I just want to make sure that crap doesn't fit the proverbial fan if there is an extension filing and a transfer filing going at the same time.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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