Can I transfer to a new H1B employer while my status is expired and I have an extension that is pending?

Answer

This is a complex scenario. If one’s H1B status has technically expired, that person would typically be in a “period of authorized stay” by virtue of the timely filed extension petition. In this type of situation, that individual cannot normally have another H1B approved with an I-94 card unless the extension is approved. The foreign national could, however, have an H1B approved with another company for consular processing. (19.Sep.2016)

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