My H1B extension is pending, but I am about to move to a different client. Can I file an H1B amendment even though my extension request is still pending?

Answer

The options here depend upon the situation. If the I-94 has not expired, we typically would recommend refiling the H1B petition as both an amendment and extension request. However, if the I-94 has expired and there is a client change while an extension is pending, that can be problematic if there is an RFE. If that is your situation, I would recommend you schedule a consultation with one of our attorneys to discuss the matter in greater detail. (15.Feb.2016)

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