Get H1 from new employer with old h1b extension in initial review


Can any let me know, if its legal to shift to a new employer for H1B transfer(NOT NEW H1B PETITION) when H1B with current employer has expired and H1B-Extension with current employer is in intial-review phase. Basically, I797 and I94 is expired but still can we transfer the expired I797/I94 to new employer with transfering the status of applied H1B-extension from current employer to new employer by producing some documents related to new employer?

Please do let me know is this a possible?


H1B Aspirant

I am in the same Situation and posted a question now. Waiting for reply.

My Lawyer tells me that both petitions are seperate and will be treated seperatly but USCIS will still refer to the previous petition as you are staying in this country past the I-94 expired date with the receipt notice and will not impact the outcome of the new petition based on the previous petition unless the dependent petition (which is first applied) is withdrawn or denied.

I am worried that if 2nd petition approves first(premium processing) and after that my first petition approves, If i have to work for 2nd employer, i might have to go to India for stamping…which i cannot…