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Can I change employer while awaiting H1B extension outside USA ?

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  • Can I change employer while awaiting H1B extension outside USA ?

    Situation:
    I came to my home country India in mid-Jan on paternity leave. We were supposed to fly back in April but are stuck due to covid-19 pandemic situation. Since my visa is going to expire in end of May 2020, my employer has filed for extension under regular processing (since premium is suspended as of now) under consular notification. We can not fly back to US until visa is approved and we get a visa stamp from US embassy (when it opens). All this will take couple of months.
    I sense that due to impending recession it is quite likely that my employer may be forced to do layoffs.

    Questions:
    I was thinking of interviewing with other employers. Assuming I get an offer and they are ok with the timeline, is it feasible that a new employer can file for my H1B transfer while my H1B extension with present employer is pending ? What are the chances of such transfer being approved ?



  • #2
    Hi,
    Please see my response below.
    Question:
    I was thinking of interviewing with other employers. Assuming I get an offer and they are ok with the timeline, is it feasible that a new employer can file for my H1B transfer while my H1B extension with present employer is pending ? What are the chances of such transfer being approved ?
    Answer: Yes. you can file H1B transfer. But please make sure, while you go for stamping with H1B transfer petition, Officer may even get to know about your Extension petition pending. To avoid the confusion and risk, better you can request your Extension petitioner to withdraw the case before you got for stamping.
    Thanks

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