H1B visa renewal and tranfer

[reena_sharma]

Hello
I have recently applied for my H1B visa renewal with my current employer. Can I transfer my H1B visa to another employer even though my application for renewal with the current employer is still going on?

Any insight on this would be highly appreciated. Thanks,
Reena Sharma

[infoway]

Yes, you can. This pending period is called "period of stay authorized by the Attorney General"

The USCIS clarified its policy on H-1B workers changing employers under AC21. Immigrant workers in H-1B status can move (or “port”) to a new employer upon the filing of an H-1B petition by the prospective employer. The USCIS also confirmed that H-1B workers can port to a new employer even where their I-94 or last approved petition has expired, so long as the original petitioner filed a timely extension, and the alien worker is in a “period of stay authorized by the Attorney General.” Here’s an example: Employer A timely files an extension of an alien’s H-1B status. While this petition is pending, the original H-1B approved for Employer A expires. The H-1B worker is then in a “period of stay authorized by the Attorney General” while Employer A’s extension is pending, and is authorized to continue working for 240 days under the regulations. Employer B then files a new petition and the worker wants to port to Employer B. The USCIS confirms that the worker may move to Employer B upon the filing of the new petition, but advises that all petitions filed on the alien worker’s behalf while he is in a “period of stay authorized by the Attorney General” must be approved for the extension of status to be granted with Employer B. If the extension of status is denied and the original H-1B visa petition has expired, then the foreign national will fall out of status and accrue unlawful presence.

You need recent paystubs from current (pending) H1B employer to do so.

Not a legal advise.

[Pallavik]

H1b Extension query-Visa expired in July2007Very Urgent-

I work for company A and my visa got expired on 27th July 2007, Company A filed my H1 extension before 1 month of my H1b visa expiration date in normal processing mode. After four months USCIS sent query on my current company A, recently approx 3 weeks ago my company A answered that query. I don’t have application receipt number to check the status.

My questions are
1) Approx how long will take USCIS to take decision on that query and my extension papers.

2) How long I'm legal to stays in USA since my visa was expired in July2007.

3) Before decision comes on company A, is it possible to file another extension/transfer from company B. If that is the case I still get the extension papers from company A also.

4) I’m should go out of the county in Feb. Before that I need my extension papers from any company A or B to go for stamping before reentering into USA.

5) At this point stay with company A until get the extension papers or file extension/transfer from company B in Premium mode to get the papers in 15 days. What is the risk involved in getting extension papers / transfer from company B.

4) What is the smart and correct decision at this point? [/B]


Please any one could give me your valid suggestions to go-forward. I appreciated your help.

Thanks,
Pallavi