H1B renewal

[Kirtanak]

Hi

Would anyone know if a new employer can sponsor renewal of H1B while the petition for renewal by the current employer is still being processed? Both jobs are in the exact same field. Also do quotas apply for renewal of H1B?

Thanks!

[AndrewWilson]

The H-1B cap does not apply to H-1B extensions, so if you are in H-1B status now and filing for an extension with current or new employer, you do not need to worrry about the cap.

You can file a new H-1B extension for a new company while a currnet extension is pending. You need to be careful that your currnet employer's H-1B extension is not denied first. You also need to be careful of the last action rule that basically says the last approval notice generated is the one that counts.

If you receive the new employer's H-1B approval first, you can always submit a withdrawal request for your currnet compnay's H-1B extension request.

Regards,

Andrew

[Kirtanak]

Thanks!

Thank you very much for your reply!