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Changing employer after 6 years of H1B and when visa extension is in progress

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  • Changing employer after 6 years of H1B and when visa extension is in progress

    My current visa status:
    1. I am on 6th year of my H1B and my current visa expires on 7/31/2018.
    2. I have approved I-140 and my current employer filed visa extension based on that I-140 last month but the extension is not approved yet.
    3. My I-140 was approved on 01/28/2018. The six months (180 days) period is completing on 7/28/2018.

    Questions:
    1. I am planning to change the employer next month Aug 2018. By that time, my current visa will be in expired status and H1B extension will be in progress. Am i allowed to change the employer during this period?.

    2. I heard that new employer will be able to file the H1B transfer only if the current visa is not expired. If that is the case i cannot change the employer. Is that true?.

    3. If you say that current visa status should be valid when apply H1B transfer, then i should find new employer to file my H1B transfer before 7/31/2018 (my current visa expiration date)?.

  • #2
    Visa is merely for entry purposes. It has no value beyond that. What is important is the date on your I94. You would need to provide that for answers to your questions.
    Just an opinion; Not legal advice.

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