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Immigration Issues/H1b extension and transfer

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Question
My H1b Visa is Filed at USICS. I have the file number also.
1. Can I change employer before my H1B extension gets approved?
2. If yes. what if, before my Extension is approved and my new employer files for transfer, I get a RFE ( request for evidence).


Please advice.

Answer
Hi,

First scenario: Co. B can file H1B petition requesting extension of your status. It is best if this H1B petition is filed prior to your current I-94 expiration date through Co. A, as even if Co. A's ext. is denied, the USCIS should grant extension of status for H1B petition through Co. B.

Second scenario: If H1B petition is filed by Co. B after I-94 expiration of Co. A, it is still OK to work for Co. B upon filing (you do not have to wait for approval) under H1B portability rules as Co. A filed for extension on a timely basis (prior to its I-94 expiration).

The problem arises if you start working for Co. B under the second scenario, and Co. A's extension is denied. In this instance the USCIS will not grant extension of status for H1B petition filed by Co. B since the "chain" or "circle" has been broken.

You can contact our law firm at 212-268-3580 during business hours, or email info@h1b1.com for additional guidance.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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