h1b transfer during I194 expiry and extension process

[Rsru Ruth]

Hi All,

Could you please clarify my below doubts.

Presently working for Company A and Visa expired on Dec31st 2015 and filed extension and case is in premium processing but not approved yet.
I am planning to change to Company B as my contract with client is closing with Company A(April 2016).

Can we change the employer in this months time and if Yes, what is the Company A files H1 amendment meantime as contract is closing now.

What are the risks involved..?


Thanks,
rsru

[raghvi]

Hi All,

Could you please clarify my below doubts.

Presently working for Company A and Visa expired on Dec31st 2015 and filed extension and case is in premium processing but not approved yet.
I am planning to change to Company B as my contract with client is closing with Company A(April 2016).

Can we change the employer in this months time and if Yes, what is the Company A files H1 amendment meantime as contract is closing now.

What are the risks involved..?


Thanks,
rsru

Are you sure it was filed as premium because its already been 3 Months now.

If your I-94 has expired, the next transfer/COS would either end up as RFE or as consular process. If RFE then you have to provide current extension approval first, if as consular process then you have to leave US and re enter on a new visa stamp.

This is my opinion not legal advice.