gurus, here is a confusing question

J

jmxu

Registered Users (C)
Right now I am working for employer A under H1.
My first 3-year H1 will expire on 04/15/2004. Suppose I have a job offer from another employer B, and I would like to join them in Feb.

Should employer B file H1 transfer for me? or just file a new H1? If they file a H1 transfer for me, I can start to work for them after I get the receipt ( Feb). But I think this H1 transfer will not be approved yet when my H1 expires in April. So can they apply for the H1 extension based on a transferred H1 that is still pending?

I am so confued and would like to get some ideas from you.

Thank you very uch for your help.

fly
 
Your question is not clearly framed. Atleast this what I interpreted. Looks like you want to know whether Employer B should transfer your H1 from A or apply a brand new H1.

Well he can do either of them but the best option is to apply for transfer. Since transfering H1 does not come under 65000 H1 Cap.

Hope this was the answer you were looking for..sorry if I misread your question.
 
Dont over work. The h1 transfer will itself be for 1 to 3 years (depending upon how much the new employer asks for) and the approval when it comes will have an effective date from the application receipt date (You can specify a different start date in the future too...)
 
Thank you for your replies. But I am still confused:

So when a H1 transfer is filed, when will the newly transferred H1 valid to? I assumed that it is to the date of the original H1. eg, my current H1 is valid until 04/15/2004 (as shown on the I-797 form). Now I file a transfer on it, now the transferred H1 (if approved) is going to be valid to 04/15/2004 too, is this assumption correct?

When I read your replies, I felt that my assumption may be wrong. So does it mean that the newly transferred H1 will keep valid to any date that the new employer defines? If this is the case, then this transfer procedure automatically extends my original H1, right?

Hope I explained my questions clearly.

Thank you!

fly
 
Alright here you go....

1) Think this as ....your Original H1 will be gone the moment your new employer transfers and its in effect. You can have 1 or more new H1s but the moment you "TRANSFER" from A to B, H1 of A is gone.

2) The validity of the transfered H1 will be determined by your new employer B. Usually employer will file it for a validity of 2.5 or 3yrs at a time.

BCIS will not give more than 6 years ( NORMALLY max H1 period is 6yrs including your previous H1s. Usually given at 2.5 + 2.5 + 1 yr or 3 + 3 or any other combination.) I say NORMALLY because if you have applied for LC and its more than a year you can get extension in a year increment after 6 yrs.

Hope this helps....Others please let me know if I am wrong.
 
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