If I Lose My Current Job, Can I Transfer my H-1B Status to Another Employer? 

Dr. William:

My I-485 is pending, and I am on the 7th year of an H-1B status which is valid until January of next year. If I lose my current job, can I transfer my H-1B status to another employer? 


Answer:

To transfer your H-1B status to another employer, you should file the H-1B extension about 2 months before the status expiration to allow the USCIS Service Center to process your application. 

You can not file a H-1B extension after the status has already expired. Sometimes, USCIS may ask you to submit recent pay stubs to provide the evidence that you have been working until very recently. The longer the gap since last working, the greater the risk that the case may be denied. Another option may be for you to travel abroad, possibly apply for the visa abroad if the earlier visa stamp in the passport had expired, and then reenter U.S.

 

 

 

     

 

 

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