H1 transfer while extension in process.

[pvkumar27]

Hi ,

I've my H1 validity till Dec 31st, so my employer filed for extension recently and I am yet to receive receipt notice and I think it takes another 3 weeks for me to receive it. And now I got an offer with another company who is ready to file H1 for me. Is it allowed / possible that another employer can file H1 while my extension from my current employer is in process.

If yes, what is the documentation that I need to provide in my case (i.e,not yet received receipt notice for extension). And I have dependents with the same validity , please advice on the same

Thanks in advance.

[shervin143]

Yes, you can file a transfer when your extension is pending. It is advisable that you file the transfer before your current I-94 expires. You will need to provide the same set of documents that you provided your current employer to file your H1B + all your approval/rejection notices, your latest pay slips and W2. Your new employer's attorney will know what documents are needed to initiate the transfer. The new employer can also file form I-539 for all your dependents while they transfer your H1B petition.

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H1 transfer while extension in process.

Hi,
I have a similar situation, please let me know is that wise to wait for the current extension to be approved?. so that I can get the new extended visa expiry date while I go for H1 transfer.

It appears like new employer would hesitate for h1 transfer at the moment, as the current i94 is valid only for another 2 months. Appreciate your suggestions.