Work VisaNov 3, 2019
NewuQbQ61

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

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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New
uQbQ61 OP Nov 3, 2019

Sounds like you already did?

Compass HWV39 Nov 3, 2019

Wow. Great. Come. Back. I hit the genetic and location lottery so I’m good.

EPAM Systems gifnYebd Nov 3, 2019

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.

New
uQbQ61 OP Nov 3, 2019

Yes, that’s correct. Her old H4 visa has expired and her new application was filed before her old visa expired. We are planning to get the new stamps once her visa gets approved. But the new offer came in between so trying to decide what’s a good approach.

EPAM Systems gifnYebd Nov 3, 2019

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).

Oracle aimlds Nov 3, 2019

Advisable to wait for h4 to complete before the transfer

New
uQbQ61 OP Nov 3, 2019

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?

Oracle aimlds Nov 3, 2019

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