my H1B expires in 2 months, can i switch to a new employer now ?

[Yours Curiously]

Hi,

My H1-B expires on 31 Dec 2013. My employer is not going to apply for extension. I am planning to switch to a new employer. How long will it take for the new employer to file a new H1B petition for me and for it to get approved ?

Before I get the approval, if my old H1B expires, can I still continue to stay in the US


Regards,
Yours Curiously

[Xris74]

Hi,

My H1-B expires on 31 Dec 2013. My employer is not going to apply for extension. I am planning to switch to a new employer. How long will it take for the new employer to file a new H1B petition for me and for it to get approved ?

Before I get the approval, if my old H1B expires, can I still continue to stay in the US


Regards,
Yours Curiously

Assuming that you are near your 3rd year of your H1B, and that you find another employer willing to sponsor a visa in less than 3 months, and that your new H1B application does not get denied by the USCIS, your new employer can file your new H1B under the premium processing, and it will take 15 calendar days to get a response from USCIS.

Since you'll need to stamp your new H1B visa again, you'll most likely need to leave the U.S. in case your old H1B expires and the new one is still in process.

Good luck!

Disclaimer: I'm not an immigration lawyer. Just a guy that struggled 7 years with visa issues ;-)