H1 ext pending since 7 months - can I apply for new H1 through another employer

[smilingajay]

Hello,

• I have applied for H1 extension in March 09
• My Visa got expired in April 09 and I 94 got expired in May 09
• We got a RFE in May 09 and we replied to it in June 09
• We raised a SR as we did not hear in 60 days of responding to RFE
• we raised another SR as we did not hear in 45 days of raising SR
• Now I want to change my employer - is it a good idea?
• Is it a good idea to apply new H1 through employer B, if quota is still available or H1 transfer is suggested?

Thanks in advance
Aj

[sk4ih]

You can apply for new H1.
H1 transfer is not possible as you're not in status now.

[txh1b]

Read about bridging and CP. Your stay past the I-94 in case of a denial or no reply from the employer to an RFE will make your stay illegal and as it is past 180 days, you will earn a 3 year ban.

[smilingajay]

H1 got denied on Dec 28

Thanks for your replies

My application for H1 extension got denied, this is online status and we are waiting for official documentation. My employer is going to apply MTR. Can I apply for new H1 through another employer? Is this H1 counted against the quota, if so we are almost at the end of 2009 and practically we can arrange for new H1 only in 1st week of Jan. Appreciate you suggestions.

Thanks
Aj

[shervin143]

Current H1B CAP has reached. You need to wait till April 2010 to apply for a fresh H1B either through the same employer or through a different one.

[kabkaba]

A new cap exempt petition may be approved. But since you have no status your status cannot be extended. Also, since you have overstayed your I-94, you may not be able to return.
Consult an attorney asap.