Can I switch to another employer when H1 extension with current employer is in progress and I 94 expired ?

USA H1B Visa
1

Hi ,

I work for ABC at the moment and my I-94 expired on 31-Dec-2017, and my extension is still in progress with the USCIS.I have an approved I-140 as well. If I get to choose for another company XYZ now - can XYZ apply for H1B transfer ? Or should they apply for a non-cap H1B petition which’s fresh ?

There are two possible outcomes :

Transfer / H1B petition approved for XYZs petition and by the time I have already moved to XYZ , the H1B extension petition of ABC also got approved ?

Guess in this case there wouldn’t be any problem

What if XYZs petition got approved and I move to XYZ start working there and my extension petition with ABC gets denied ?

Should I leave the country ? Or am I good with XYZ petitions approval notice ?

2

Yes , i did that. They’re going to use he receipt from extension while filing for transfer. If transfer is in premium first the Extension is approved or RFE then the transfer is decisioned.