Job Change while H1b extension still pending

Immigration 6 views 4 answers
Hi, My H1b expired in March 2012 and my extension is still pending status (been 5 months). Am I eligible for H1b transfer if I change my job now. If so, what is the process. Thanks.

Attorney Answers

4
Robert Ross ·
I agree that this is dangerous. You are authorized to work and are in a status authorized by the Attorney General. But this case would be one of the so called "bridge" cases, where your new requested status depends on the grant of the previously requested status. So, CIS waits to see what happens with the previous request. If that is granted, this new request may be granted. But if the previous request is denied, say, because the previous employer withdraws the petition, or if CIS issues a Request for Evidence the employer would no longer bother to respond to, then the pending case is denied, and your new case would be denied a change of status, and you would have to go try to explain to the Consulate how you have not violated your status. It would be a real mess. Far better to wait.
0 upvotes
Robert WestImmigration AttorneyLas Vegas, NV ·
Very dangerous thing to try, so many things could go wrong. I would wait until the extension is granted first, then port. I really don't think you can port before since you do not have the visa, just extended employment for 240 days.
0 upvotes
Gen Kimura ·
I agree with my colleagues.
0 upvotes
Elizabeth Surin ·
Substitute the change of employer petition for the pending extension. Make sure you have recent paystubs to submit.
0 upvotes

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