Hi Experts,
My H1B VISA is going to expire soon. I have not travelled yet. I am planning to switch company soon. Suppose If I don’t travel at all and VISA gets expired then If my new employer files for VISA extension/modification may be after 6 months or 1 or 2 year of expiry of my VISA , will there be any issue or any other process involved ? Is travelling on current H1B visa mandatory for filing extension/modification/transfer ?
Once your H1B petition is approved under cap-subject (1st time lottery), any extension (within 6 years of H1B) or change of employer is not counted against the quota. This is called cap-exempt.
If your H1B is not activated via visa stamping and working for the employer who sponsored, and you change the employer, the adjudicating officer may deny the application. That said, many people have reported that their change of employer was approved even if they didn’t travel to the US and work for the sponsoring employer.
Not mandatory as I explained above.
Ok…Got it …My VISA is stamped already just not travelled yet. So there will be no issues if I switch company and next employer files for extension within 6 years ?
Yes, your new employer may file cap-exempt H1B and you have good chances of approval.