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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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I have completed 6 years on H1B in July 2016 (max out in Aug

Customer Question

Hi! I have completed 6 years on H1B in July 2016 (max out in Aug 2017) with extension pending through my current employer A. My I94 has expired as well in July 2016 however I have I140 approved in Feb 2016. I have another job offer from Employer B and they are ready to transfer the H1B. Can I work for Employer B after H1B is transferred but Employer A extension pending? What if Employer A revokes my extension petition and my H1B was transferred to Employer B?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Expert James replied 3 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

How do you max out in August 2017, but complete 6 years in July 2016?

Customer: replied 3 months ago.
I was out of country for few months plus I entered the country late after my initial H1B approval. My h1B was approved in Sep 2010, stamped in Oct 2010 and entered the US in March 2011 and I was on vacation in India from Aug 2013 to Dec 2013.My 1st I797 validity Sep 2010 - July 2013 and 2nd I797 validity July 2013 - July 2016.Hope this helps.
Expert:  Expert James replied 3 months ago.

Got it. OK, please give me a moment to prepare the response.

Expert:  Expert James replied 3 months ago.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: Employer B can file for you now, but because your H1B status expired in July 2016, you have to wait for the approval of the H1B for Employer A, and then you can change to Employer B. In other words, Employer A has to be a bridge to Employer B, to be able to change your employer to B.

If Employer A withdraws the request for an extension, then you would have to leave the US and wait for Employer B's H1B to be approved, and then enter the US with a valid H1B visa to be able to work with Employer B.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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Thank you!

Customer: replied 3 months ago.
The answer above does not give me any additional insights from what I already knew. Appreciate your response. Thanks.
Expert:  Expert James replied 3 months ago.

I'm sorry about that. Unfortunately, I do not know what you know or do not know unless you tell me. It confuses me a little bit, because I now don't know what you wanted to know or expected to hear as an answer to your question.

Moreover, just because you know the information I gave you already wouldn't change a result. The answers are what they are because the law is what it is. Neither I nor anyone else can change the law for you to make it work for you.

It is always interesting to me when a customer tells me that he knows the answer to the question he posed. It raises serious questions about motives for coming here and asking a question in the first place. If you already know the answer, then why come ask your question? And why not tell me what you already know, so that I am aware and don't waste your time?

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