Change of Status before current extension completes

K

kalasi

Registered Users (C)
Hi,

My H1B Visa expired on 30-Sep , My current employer has filed an extension for the same. Mean while Company B has offered me an employement. I am just wondering whether it is possible to apply Change of Status for new Emplyement/new H1B while eariler visa extension is progress.

Pls Help.
 
kalasi said:
Hi,

My H1B Visa expired on 30-Sep , My current employer has filed an extension for the same. Mean while Company B has offered me an employement. I am just wondering whether it is possible to apply Change of Status for new Emplyement/new H1B while eariler visa extension is progress.

Pls Help.
Click to expand...

Yes, it is possible. You can apply H1 transfer based on your pending H1 ext by providing your H1B receipt notice.
 
It may be possible in theory but it's a tricky situation and not advisable, definitely not COS. Petition adjudication process at USCIS is not that sophisticated. Even if USCIS understands your situation correctly, they will NEVER adjudicate your new H-1B until current extension is approved. The only way to do it now without creating a complicated situation is that your new employer files an H-1B petition designating Consular processing, but there is no guarantee that they will adjudicate the petition quickly without paying attention to the outcome of the pending extension.

Wait until the extension is approved. File premium processing if you have to. As long as you maintain valid H-1B status, you can take advantage of H-1B portability. If you wait for the extension to be approved, next step will be easy. As soon as your new employer files new H-1B petition, you can start working for the new employer if you want to.
 
Last edited by a moderator:
Seems like USCIS started processing h1b extensions now...one my friend got his approval today. His h1B extension receipt date was mid August.
 
Sorry folks his approval came from CSC ...I was under assumption that he got the approval from VSC.. Any ways CSC is good on their SLAs ...not sure why VSC is not processing any cases ??

Did anybody received H1B Extensions from VSC ?? Receipt date after 23 th April ??

DOnot know how long I need to wait ....
 
An H-1B extension at VSC is particularly bad right now. Did you check the status reports? Looks like it's taking 5 months or so.
 
You must log in or register to reply here.
Top