H1 extension under processing since 10 mths result of I94 expired. Can I transfer my H1 to other company?

Question

1. My I94 expire-date was sync with my old passport expire date which got expired on Sep2007. I renewed my passport and to keep me in status my company applied H1 extension, though my previous H1 is valid till end of 2009. In this scenario can I transfer my H1 to some other company ?

Answer 1

The guy above knows nothing of what he's talking about. You have up to 6 years of working under an H1B visa as long as you are hired by a company. And yes, you can transfer to another company as long as the new company agrees to pay any fees to change the sponsorship of the H1-B. The same thing happened to me, I worked for one company under an H1B and on the third year I switched jobs and my new company paid for all transfer processes. Just make sure that you have a job with a new company before you quit with your original company, because the new company needs to do the transfer of visa while you are employed. Human Resources is the department in charge of all that; check with them.

Answer 2

No, you can't transfer to another company.  Remember if you leave your company or your visa expires, you have to return home within 10 days.  Your company used the visa extension to keep you here, and you do not get another extension.  You are approaching your max on H1-b and going to a different company does not reset that clock.  It is time for you to start planning your return to your home country.  Start looking for a job there.