Job Change on H1B with valid petition but expired Visa

[AKV1006]

Hi I want some information about Job change on H1B visa. Here is my scenario:

1) I got my Visa from May 2012 to Dec 2012 for Employer A. When i entered in US the I94 expiration date was again the same Dec 2012
2) Before expiring the Visa my employer filed the extension of the visa on Oct 2012 which got approved for Aug 2015.
Note: I am in US and i have petition approved but not having stamped visa.
3) Now i am looking for the job change so i read some places that you can transfer the H1b only if you have valid H1B status.

Q1: So can i change the job in US.
Q2: I need to go to my country and get the valid H1B Stamping on current petition and then i can change the job.

Thanks in Advance.

[nicoeppersma]

Hi I want some information about Job change on H1B visa. Here is my scenario:

1) I got my Visa from May 2012 to Dec 2012 for Employer A. When i entered in US the I94 expiration date was again the same Dec 2012
2) Before expiring the Visa my employer filed the extension of the visa on Oct 2012 which got approved for Aug 2015.
Note: I am in US and i have petition approved but not having stamped visa.
3) Now i am looking for the job change so i read some places that you can transfer the H1b only if you have valid H1B status.

Q1: So can i change the job in US.

Your status and your visa are two different things. Your visa is what allows you to request admission at a port of entry in a certain class of aliens. For example, a person can have both a B1/B2 visa AND an L-1 or H-1 visa in their passport. That person can then request admission as a visitor (B1/B2) or as a non-immigrant intra-company transferee (L-1). Once admitted, it is the I-94 (or other document, provided after AOS by USCIS) that determines their status.

In your case, you have used your visa to apply for H-1B status. The fact that your visa is expired is irrelevant as long as you do not travel. What matters is your current non-immigrant classification. If you have an approved H-1 petition AND a valid I-94 in H-1B classification, you are ok to stay in the U.S. and work for your new employer.

Q2: I need to go to my country and get the valid H1B Stamping on current petition and then i can change the job.

You will only need to get a new H-1B stamped if you choose to travel. You may qualify for visa stamping outside of your "home" country. Some consulates in Mexico and Canada will allow non-residents of those countries to have their visa stamped in certain cases (i.e. it may not be their initial visa).