I’m in 6th year with H1 B visa and also have I-140 approved a year ago. Current Visa or I-797 expired in March.
My Employer filed for my H1 B extension but USCIS responded with limiting validity notice stating H1B status allowed for maximum 6 years and they will extend till June only(considering vacation period) . Not sure if I-140 approval notice was not seen or not filed. USCIS mentioned to file the motion if we disagree with this decision along with form I-290 B. If no response in 33 days, this decision will be final.
My Employer or their attorney suggested to wait till we receive approval notice and re-file for extension instead of filing the motion which will take too long time. Is it a better idea to wait till my approval notice comes and then file again for extension?
Meanwhile, can I switch the job and new employer would file for H1B transfer? Any risks? Even for this do I need to wait for latest/new approval notice?