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H1b transfer before/while extending

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  • H1b transfer before/while extending

    My H1b and I-94 expire in mid August, so I need to extend my H1b. It's my 3rd time (beyond 6 years) with applying for green card (waiting for my current day becomes current).
    Now, I'm having a job interview with another company, and might get the position.
    My questions are:

    1. Am I allowed to change my job before/during H1b extension and in middle of GC process?
    2. Should I wait for a result from a new company and start filing through them? Or is it safer to start filing from my current employer and then transfer my H1b later if the new company hire me (as my H1b expires in mid August)? What is the best way?
    3. If I start filing from my current employer, can I transfer my H1b while it's pending? Will they know about it?
    4. If the new company hires me as a part time first until they decide to hire me as a full time, am I allowed to work as a part time for a new company while working for my current company either as full time or as part time?
    5. If not, is it okay to work as a non-paid intern at a new company until they decide to hire me as a full time?

    I'm sorry for asking a lot, but I really need to know them very soon. I'd be appreciated if somebody can give me answers!

    Thank you!

  • #2
    1. Am I allowed to change my job before/during H1b extension and in middle of GC process?
    >>> Yes. You will need a copy of your valid I-140 to transfer your H1B beyond the 6th year.

    2. Should I wait for a result from a new company and start filing through them? Or is it safer to start filing from my current employer and then transfer my H1b later if the new company hire me (as my H1b expires in mid August)? What is the best way?
    >>> Doesn't really matter. You can do either.

    3. If I start filing from my current employer, can I transfer my H1b while it's pending? Will they know about it?
    >>> Yes, you can do that. Search and read about the posts related to bridging in immihelp. The employer will not know any about transfer until you inform them.

    4. If the new company hires me as a part time first until they decide to hire me as a full time, am I allowed to work as a part time for a new company while working for my current company either as full time or as part time?
    >>> You can work for only one employer at a time when you are in H1B unless the H1Bs are filed as concurrent H1B petitions.

    5. If not, is it okay to work as a non-paid intern at a new company until they decide to hire me as a full time?
    >>> No.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you for your quick answer!

      I've read the thread in this forum which said it would make complication to file transfer during the H1b extension petition if my I-94 already expires. But as long as my I-94 is valid, it won't cause any problem/complication?

      >>> You can work for only one employer at a time when you are in H1B unless the H1Bs are filed as concurrent H1B petitions.[/QUOTE]
      So...how should I do to work for two companies? Start the extension petition from my current employer and file the H1b petition from a new employer as a new case? Either/both position(s) can be a part time in this case?

      5. If not, is it okay to work as a non-paid intern at a new company until they decide to hire me as a full time?
      >>> No.[/QUOTE]
      What about as a volunteer then? Working as a volunteer shouldn't be problem?

      Thank you!

      Comment


      • #4
        I've read the thread in this forum which said it would make complication to file transfer during the H1b extension petition if my I-94 already expires. But as long as my I-94 is valid, it won't cause any problem/complication?
        >>> That is correct. If the I-94 is expired, then the transfer need to be filed as a bridge to the pending extension. If the extension is denied, so does the transfer.

        So...how should I do to work for two companies? Start the extension petition from my current employer and file the H1b petition from a new employer as a new case? Either/both position(s) can be a part time in this case?
        >>> Like I mentioned, the petition should be filed as CONCURRENT H1B petition. If it gets approved to work for concurrent employers then you can do so.

        What about as a volunteer then? Working as a volunteer shouldn't be problem?
        >>> When you are in H1B, you should work only for the employer who has filed a petition on your behalf and got it approved. To file an H1B, first the employer need to file an LCA that will describe what the base pay will be. You need to get paid as per the LCA. Otherwise it is a trouble. You cannot work as a volunteer for a non-profit organization. Every employee in the company should be a volunteer (without salary) for you to work as a volunteer. Hope you got the point.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thank you! I think I got the point!

          Comment

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