H1B Extension

[contact2sam]

I am working in same company A for 2.5 years and my H1 is going to expire in coming october. Can I do my h1B renewval with another company B in october ? Earlyest on which date I can appy for renewal from another employer (Company B) so it won't consider as transfer but renewal.

Appreciate your help!.

[txh1b]

There is nothing separate for a renewal or a transfer. The new company has to apply for a transfer and at the same time the period will also get renewed. You can have them apply for it when you are ready to join them. Even if the transfer goes through, there is no rule that you have to join them. You can continue with current employer and they can apply for an extension as well.

[contact2sam]

H1B Extension

Thanks for your reply.

Is that mandatory to get new I-94 from new employer before sept, 2009(my H1 expiry) as it's part or renewal? I am concerned bcoz if I will change job in june or so... as per my knowledge , I can join new company immediately after receipt no. but I am not sure it will be legal to work with them after sept, 2009 if my H1 doesn't get approved before that date(I mean in process status) ?

What are options if new H1 get rejected. Can my old company apply for renewal after expiry date (1 Oct, 2009) ?

[contact2sam]

H1B Extension

Please help me.

[txh1b]

Read the FAQs.

As long as the new company applied for a H1b extension before the I-94 expires, you can continue to work for them upto 240 days after the H1b I-94 expires.

It is best not to have competing H1bs as USCIS may issue an RFE asking which employer you wish to work for. It has happened in the past to few people.