Tips on changing employer on H1-B visa (approved I140 EB3)

New / Biz Dev uQbQ61
Nov 3 30 Comments

Hi,
I have an offer with a company in the same city as I am right now (LA)
My current base salary: $110K
My current role: NetSuite Administrator

My offer’s base salary: $130K
My offer’s role: Enterprise Application Manager

My H1-B visa was extended and got approved by my current employer using the premium process. (good until Sep 2022)
My wife (who’s on H4 visa) has her extension filed and is awaiting a decision on her application. (she has completed her biometrics appointment) It’s expected to get a decision sometime in February as the wait time is currently 4-5 months.

My question- should I wait for my wife’s application to get approved first and then change my job? Or it ok to change employer in the middle of her application being in process?
Also, is it a good offer in terms of compensation & location considering it’s a admin/developer kind of role?
Lastly, my passport and my wife’s passport still has the old visa. So, is it best to get our new visas stamped first and then I should change my employer?

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TOP 30 Comments
  • Flagged by the community.

    • Intel Bacchan
      🧟‍♂️🧟‍♂️🧟‍♂️
      Nov 3
    • New / Biz Dev hvAn32
      Sure, Patriot- I used my freedom of speech & asked you politely to only comment on topics relevant to you.
      You seem to have a one-track mind of a troll who has nothing else productive to do on a Sunday morning than to pollute genuine questions like mine. It’s very easy to make such comments on a platform like Blind because you cannot be tracked. And just being born in the US is not an achievement to be proud of. Just a little advice- get your shit together and do something productive with your life. Rather than spreading negativity.
      Nov 3
    • Flagged by the community.

    • New / Biz Dev iqJC35
      Logic is something not natural to you. I understand you, bot.
      Nov 3
    • Flagged by the community.

  • EPAM Systems gifnYebd
    The visa doesn't matter. It will only come into play when you re-enter the country (i.e. you'll need new stamps before entering, and that's only if your old ones are about to expire or have expired).

    As for submitting a new H4, before the old one gets approved, that's a good question. I assume her H4 is now expired and she's holding onto an H4 extension receipt only.

    You should have included her H4 in the H1B premium extension.
    Nov 3 6
    • EPAM Systems gifnYebd
      I know how bridging of H1bs work, but not sure how it is with H4. General rule of thumb is she holds a valid status as long as you have an approved work authorization (797) and she has an unexpired i94 (or a receipt).
      Nov 3
    • EPAM Systems gifnYebd
      Push come to shove, couldn't she just fly home, go to the consulate, show your 797 and get a new H4 visa? You're saying you'll want to do that anyway.

      My question is, why wait for her current H4 extension to go through?
      Nov 3
    • New / Biz Dev uQbQ61
      OP
      Got it, I thought even in India she has to wait when she files for her extension from there. Sounds like it’s much quicker to do in India where you just have to appear for her visa interview/dropbox?
      Nov 3
    • EPAM Systems gifnYebd
      Now, I don't want to give you bad advice and mislead you.

      But my idea is - if she just shows up at the consulate with your i797 and applies for an H4 (that's what you'd do anyway, isn't it?), wouldn't she be able to get it? I don't see why not.

      She wouldn't file for an extension. She'd file for a new H4 based on your latest H1, no?

      Then she re-enters with her new visa and gets a new i94.

      I am only not sure what happens when her current application gets approved. Then she'll have two i94s. Maybe withdraw application if she gets her new H4 in the consulate?
      Nov 3
    • New / Biz Dev uQbQ61
      OP
      I should have mentioned that my wife is in the US with me at the moment and has an expired i94. But since her H4 extension application is in progress so she is in valid status due to that. So, no situation of two i94s as of now as I have not accepted the new offer yet. I have to contact a lawyer soon but before that I was just trying to see if anyone went through similar situation.
      Nov 3
  • Oracle aimlds
    Advisable to wait for h4 to complete before the transfer
    Nov 3 5
    • New / Biz Dev uQbQ61
      OP
      Thanks. Do you also know if my wife has to file for H4 extension again if I do my transfer after her H4 extension application gets approved?
      Nov 3
    • Oracle aimlds
      So generally companies file for both h1 and h4 ( though people use the term extensions ) they are actually in principle new applications

      So if you start now at the new company they will file for both h1 and h4 so USCIS May decide to approve both h4 or one or request for evidence for both, so it depends
      Nov 3
    • Intel Bacchan
      I changed employers and my spouse did not have to get a new h4 immediately. Only h1 needs to be updated. But check with an attorney.
      Nov 3
    • Oracle aimlds
      I m not sure if this is true , h4 is tied and a dependent visa to h1 so the I-797 applications need to go together , however the visa stamp on passport is not needed unless you travel out of country with an expired visa
      Nov 3
    • Intel Bacchan
      h4 is tied to the spouse’s h1 but does not need to renew before expiry even if h1 holder gets a new h1 from a different employer. If h4 holder has a valid stamp, they can even travel. We did it. This used to be the rule till a few years back not sure of things have changed since then. Again, Check with attorney.
      Nov 3

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