Changing jobs during H1B extension w/o original I-797

[renegade_0503]

I am working for employer A and the timeline is as follows:
Aug: I filed for H1B extension
Sept: Got H1B extension eceipt notice
Oct: Expiration date of H1B visa + I-94 (for the first 3-year period)
Nov: Continue to work since H1B is extended but still waiting for original I-797 form from USCIS.

Now, I would like to change jobs and go to employer B. My questions are:
1. Can employer B file a H1B petition even though I don't have the original I-797?
(In other words, is it a prerequisite to show I-797 from Employer A to file H1B petition under Employer B? FYI, I can arrange for other prerequisites like previous pay stubs etc.)

2. Lets say that answer to question 1 was a YES, then lets move on with the story.
Assume that employer B was able to file H1B petition under premium processing. I get a receipt notice in Jan mid next year and start working for employer B in Jan mid. Now, I have an international travel scheduled for next year in March. Obviously, I would need an original I-797 form (with Employer B's name as the petitioner) to get my visa stamping done abroad. I want to know what is the likelihood of getting the I-797 between Jan mid and March beginning? 30%? 50%? 70% chance? Note that this petition would be filed under premium processing. Any other factor that could cause a delay - like employer B will need to file for LCA before expecting I-797? (Sorry, I am not very well-versed but I suppose LCA is to initiate greencard process and has no effect on I-797)

 

[ginnu]

I am working for employer A and the timeline is as follows:
Aug: I filed for H1B extension
Sept: Got H1B extension eceipt notice
Oct: Expiration date of H1B visa + I-94 (for the first 3-year period)
Nov: Continue to work since H1B is extended but still waiting for original I-797 form from USCIS.

Now, I would like to change jobs and go to employer B. My questions are:
1. Can employer B file a H1B petition even though I don't have the original I-797?
(In other words, is it a prerequisite to show I-797 from Employer A to file H1B petition under Employer B? FYI, I can arrange for other prerequisites like previous pay stubs etc.)
---------------------Lawyer of B need the copy of your latest H1 approval Notice and Copy of I-94 to file H1 transfer. Wait for the H1 Extension approval notice.

2. Lets say that answer to question 1 was a YES, then lets move on with the story.
Assume that employer B was able to file H1B petition under premium processing. I get a receipt notice in Jan mid next year and start working for employer B in Jan mid. Now, I have an international travel scheduled for next year in March. Obviously, I would need an original I-797 form (with Employer B's name as the petitioner) to get my visa stamping done abroad. I want to know what is the likelihood of getting the I-797 between Jan mid and March beginning? 30%? 50%? 70% chance? Note that this petition would be filed under premium processing. Any other factor that could cause a delay - like employer B will need to file for LCA before expecting I-797? (Sorry, I am not very well-versed but I suppose LCA is to initiate greencard process and has no effect on I-797)

***Let the new Employer file H1 transfer when you get your H1Extension approval notice
Let him apply with Premium Processing. Join new employer only AFTER H1 transfer is approved. New Employer has to get LCA for you to be attached with H1 transfer Petition (LCA is for H1 and LC is for GC). if H1 transfer(premium Processing) is filed with all the required papers and USCIS don't sent any RFE then you may get H1 Transfer approved in 20-25 days from the date USCIS received H1 petition.

***** once you get the H1 Extension approval then post for more info or you should talk to New employer Attorney . No need to inform your present employer about H1 Transfer and inform once you get H1 Transfer approved by new employer.

 

[renegade_0503]

***let the new employer file h1 transfer when you get your h1extension approval notice
let him apply with premium processing. Join new employer only after h1 transfer is approved. New employer has to get lca for you to be attached with h1 transfer petition (lca is for h1 and lc is for gc). If h1 transfer(premium processing) is filed with all the required papers and uscis don't sent any rfe then you may get h1 transfer approved in 20-25 days from the date uscis received h1 petition.

***** once you get the h1 extension approval then post for more info or you should talk to new employer attorney . No need to inform your present employer about h1 transfer and inform once you get h1 transfer approved by new employer.

Lawyer of B need the copy of your latest H1 approval Notice and Copy of I-94 to file H1 transfer.

Since my current I-94 has already expired, does this mean I MUST have the I-797 form from USCIS with a new I-94 to be able to initiate a H1B transfer with Employer B?

Join new employer only after h1 transfer is approved

By "approved", do you mean:
a) receipt of H1B notice, or
b) both H1B receipt notice + receipt of new I-797 as well with Employer B listed as the petitioner?

you may get h1 transfer approved in 20-25 days from the date uscis received h1 petition.

Employer B told me H1B receipt notice takes 15 days from the date of petition. After getting the receipt notice, do you mean to say that in the next 10 days I could get an I-797 as well (assuming no RFE) going by historical evidence of normal H1B transfers under premium processing?

 

[ginnu]

Since my current I-94 has already expired, does this mean I MUST have the I-797 form from USCIS with a new I-94 to be able to initiate a H1B transfer with Employer B?
********Yes

By "approved", do you mean:
a) receipt of H1B notice,
****Receipt of H1 Ext filing is NOT H1 Extension approval. you need H1 Extension Approval Notice
or
b) both H1B receipt notice + receipt of new I-797 as well with Employer B listed as the petitioner?
-------------by Approved means H1 Extension Approval notice from USCIS and H1 extension should have New I-94 attachedd.

Employer B told me H1B receipt notice takes 15 days from the date of petition. After getting the receipt notice, do you mean to say that in the next 10 days I could get an I-797 as well (assuming no RFE) going by historical evidence of normal H1B transfers under premium processing?
--------------H1 transfer filing receipt normally takes about 12 to 15 days from the date H1 transfer is received by USCIS. Total time for H1 Transfer approval may take 20-25 days from the date USCIS gets the Petition with all the required documents. if USCIS sends RFE then count again 20-25 days from the date USCIS gets RFE response.

----------- Dont join the New employer just with H1 transfer filing receipt. Join only AFTER H1 transfer of new Employer gets approved. many H1 transfers are being rejected at this time or getting long list of documents in RFE.

 

[renegade_0503]

Its very clear now. And this is good up-to-date information that many H1B transfers are getting rejected these days. So, I'll wait for the approval notice before joining the new employer. Thanks much.