Switching employers before H1b transfer approval?

[emzee]

Hi experts,

I am a new member here and if I have broken any rules with this post, deepest aplogies. I am in a peculiar situation and would like to hear some thoughts. Thanks in advance for reading.

I have been on H1B since 2012, with the visa set to expire 9/30/2015 and a I94 valid till 10/10/2015. During the whole time, I have been with employer A. In May 2015, I got an offer from employer B and they have filed for H1B transfer (with an approved LCA) on my behalf. After a couple RFE's, Employer B finally has the case receipt and I am waiting for the case to proceed under regular processing. I have a couple questions:


1) With this H1B transfer, would this mean that my visa will get extended as well since it is expiring in Sept 30, 2015?

2) If I decide to wait for the transfer to get approved, how long would that take under regular processing? I have heard the range to be anywhere between 2 months to 6 months.

3) Would I be able to travel and come back to work after my visa expires but before the transfer approval?

4) Since I have my LCA approved, I can technically join Employer B while the case is pending. If my transfer is rejected, what would be my options? Also, how likely would this case be?


Thanks to all you guys for your advice. Much appreciated!

[shervin143]

1) With this H1B transfer, would this mean that my visa will get extended as well since it is expiring in Sept 30, 2015?
>>> No. Visa in the passport will not get extended. You will need to visit a U.S consulate to get the visa based on the extended approval notice. The petition filed by the new employer will come with an extended expiry date (new I-94).

2) If I decide to wait for the transfer to get approved, how long would that take under regular processing? I have heard the range to be anywhere between 2 months to 6 months.
>>> 2-3 months by normal process and 15 days by premium.

3) Would I be able to travel and come back to work after my visa expires but before the transfer approval?
>>> Not advisable to travel when an extension or transfer is in progress. If you do, either the transfer/extension might get denied or will get approved for consular process (without a new I-94).

4) Since I have my LCA approved, I can technically join Employer B while the case is pending.
>>> You cannot join the new employer with an approved LCA. But you can join after receiving the H1B receipt notice. But that is not advisable because if the transfer is rejected, you will have to quit working for that employer and leave immediately.

If my transfer is rejected, what would be my options?
>>> If you stay with current employer, then you can continue to work for them. If you join employer B with the receipt notice and if the transfer is denied, you will have to leave the country immediately to avoid out of status period.