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Job Change with expired Visa and valid I797

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  • Job Change with expired Visa and valid I797

    Hello Team,

    My Visa is expiring on 11th Aug 2017 , and extension is already filed with USCIS.
    After i get my extension approved and a new valid I797 , but until i travel out of USA , i won't get Visa stamped on my passport.
    Can i change my job with in USA, without a valid visa stamped on passport but with valid I797 ?

  • #2
    Originally posted by abby726 View Post
    Hello Team,

    My Visa is expiring on 11th Aug 2017 , and extension is already filed with USCIS.
    After i get my extension approved and a new valid I797 , but until i travel out of USA , i won't get Visa stamped on my passport.
    Can i change my job with in USA, without a valid visa stamped on passport but with valid I797 ?
    Yes you can. Remember the I797 is tied to the employer, so the new employer will have to file their own I129 and approval of which gets a new I797, this approval can take 3-6 Months, though you can join the new employer on receipt basis, but it is not recommended because, if for some reason the new employer's H1 petition is rejected you end up goign out of status.

    This is my opinion not legal advice.

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