H1b transfer while extension in progress | Quick facts

My H1b visa has expired and extension is under process with current employer. Can I transfer H1b?

H1b transfer while extension in progress

H1b transfer while extension in progress. Yes, of course you can transfer your H1b to any employer. But I would suggest to have at least H1b receipt from current employer. One more important point you should keep it secret to you only.

If your current employer get to know it and they fire you or they revoke your petition which they can always do. You will have to leave USA immediately as you don’t have valid i94. You can not stay in the USA anymore. Your stay in USA will be considered illegal.

You can transfer your H1b to any number of employers. Actually whenever someone apply for transfer it’s exactly not a transfer but filing H1b under uncapped quota. Also note that employer can not know that someone has applied H1b visa transfer for you. All applications are independent.

For more information about H1b visa click this link uscis gov.

Do I need the H1b receipt for filing visa transfer?

You actually don’t need H1b receipt but if you have it then better to use it.

H1b transfer while extension in progress problems

Since your h1b visa has expired, It means you do no have valid I94. Your extension is under process, so there is no problem continuing with current employer. But if you transfer now, you will get I797B which means your status has not changed.

H1b has approved under consular process. For more info on consular process click h1b extension approved with consular processing. You have to re-enter into USA if you want join new employer with i797B.

Of course, there will be some problem if you get i797B. Which you should get most probably. But you should not worry if you are OK to go your home country or Mexico and re-enter.

Yes, of course if you do not have valid visa stamping. Then you have to go for visa stamping. For visa stamping you have to go to your home country. The new rule does not allow to get visa stamping other than your home country.

Does a company prefer h1b transfer while extension in progress?

Most of the consultant companies are avoiding this now a days. Since Trump came into power, companies are facing many problems in transferring h1b visa. If the client company is going to support your consultant company with all the documents then i do not think there will be any problem.

H1b transfer while extension in progress will not have any problem if you are joining a good company. If you are directly joining any company then they will not bother about this. But your problem will still be same as explained above.

Even if you join a good company directly. You will still get i797B most probably. So, you should take decision after taking all points in your mind.

Now a days situations are very difficult. I have many friends who has already faced these situations. In this Trump era you should be very careful while taking any decision. All the best.

My Visa is valid but my h1b extension is in progress? Can i transfer my h1b visa to another company?

If your visa is still valid and your extension is in progress. Then you do not have any problem. You can transfer to any employer. You may also try to transfer in premium processing. In this way you will always be safe.

With premium processing you will get result within 15 days. This way you will join your new employer after h1b visa approval. If you join after h1b visa approval. Then you do not need to about anything.

For premium processing. Please visit.

H1b visa has expired, is it possible to renew h1b without leaving the U.S.

You can renew your visa without leaving USA. But if your visa has already been expired and you have not applied yet then your status is invalid in USA. You should leave USA as soon as possible otherwise you will be called illegal immigrant.

If your sponsor apply for h1b renew after your h1b visa has expired and you get approval. You will get i797B which means your status was not changed and you have to leave country immediately as your status is not valid in USA.

Please click this link to know what should you do if you get I797B . what is i797b notice of action.

Can h1b holder travel while h1b extension in progress?

Simple answer is, you should not travel. For more info please visit travel with i797c. There is section at the bottom at this page which explains all the scenarios in details.


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