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Old 10-14-2010, 11:30 AM
jarsiu jarsiu is offline
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Default H1B-extension to new employer after expired

My case is as follows:
1. I-140 approved
2. My 6th year H1-B expired on 09/30/2010
3. My current employer A filed my H1-B extension in July and I got the receipt date on 07/12/2010
4. I got an offer from employer B this week.

Since I don't know how much longer I need to wait for my current H1-B extension and I need to file a transfer after I got the H1-B approval of notice, Can I ask employer B to help me to file the H1-B extension again with premium processing (My H1-B has already expired) so that I can start working with Employer B earlier?

Please help! Thanks!
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Old 10-16-2010, 03:40 PM
veritas1 veritas1 is offline
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Default

You currently have an extension of status petition pending with Company A. When your I94 expired on 9/30/2010, USCIS regulations put you in a period of authorized stay w/ work authorization with Company A for 240 days or until adjudication of the extension petition, whichever is earlier. You are technically out of status during this period, but you would not accrue any unlawful presence that would subject you to a bar of admission.

If Company A upgrades to premium processing (you are allowed to pay the $1000 filing fee but the petitioner or their attorney needs to sign Form I-907) and its approved, you can then go work for Company B upon the filing of their petition.

Is your priority date current? If not, you are eligible for a 3-year extension with Company A or B. Otherwise, you would only be eligible for a 1-year extension if your labor is 365 days or more old.

If your priority date was current at some point and you filed our adjustment application, you can also get an employment authorization card (EAD) that would make job transfers easier for you, but you should maintain your nonimmigrant status while your adjustment application is pending.
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Old 10-17-2010, 11:29 AM
jarsiu jarsiu is offline
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Veritas1,

Thanks so much for your reply. I have a few question about your reply.

1. Since now I am under the 240 days authorized stay/w work with Company A, I believe I need to file a transfer of H1-B in order to work for company B. I think your reply means that I can ask company A to upgrade my extension petition to a premium process. After I get the extension approval, I can file the transfer immediately. And upon USCIS receive my transfer file, I can start working with Company B. Is this correct?

2. Can I transfer my H1 visa to company B before getting the extension approval? Since I am still authorized to work in US, I am not sure if I can transfer my expired H1 to company B and work with company B earlier. And eventually, my H1 extension is approved and transfer is approved.

Thanks for your help!!
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