H1B transfer to new employer while extension in progress

Hi Saurabh,

I need your advice regarding this situation.

My H1B will be expiring this month end and extension will be filed in few days.But I am looking for another opportunity and when I get a new employer and if he files for a new petition what are the cons in it.

  1. If the petition of my new employer got rejected will I be in Out of status as my I-94 has expired and leave the country ?.But my extension is still in progress…

2)Sometimes the new petition may go into RFE.



  1. If your transfer is denied, but extension through current employer continues then you can stay on the basis of that. However, you need to be working for old employer in this case

  2. RFE can be issued for different reasons. So depends upon the RFE reason to determine how severe it is.

Thank you Saurabh