Extended 1-94 - Can I apply for H1 Transfer


My H1B Visa October 2012 however I still had 2 years of unused H1 time (out of total 6 years). My employer applied for I94 extension and I got 1 year extended. Now my question is that :

  1. Can I still look out for jobs and get my H1B transferred? What is the process?

  2. What would happen after the unused time gets over? Do I have to go back or are there any work aorund where I can continue working

  3. My wife is on H4 and she has good IT experience but had a break of 2 years because of kid. What does she need to do to move to H1 and work here

  4. I am looking for stable employer so that there is no risk

  • PD
  1. Yes, you can. Find an employer and ask them to file cap-exempt H-1 petition (aka H-1 transfer) for you

  2. You have to leave US at the end of 6 year limit unless a company files green card for you and it reaches a certain stage.

  3. An employer needs to file H-1 petition for her along w/ COS from H-4 to H-1. The next filing season starts in April.

There was typo in my first line, it should have read as follows:

My H1B Visa ‘EXPIRED’ on October 2012

So does your answer change based on this?

Same response. You got it extended, which means you got the 797 w/ I-94. Next time you travel outside US, you will have to appear for stamping as the visa stamp in the passport has expired.