H1B 3 yrs entension & transfer

I

IMF

New Member
Gurus,

Here is my case..

2005 - H1B Stamped ..valid till May 2007 same as my petition - Valid for 3yrs
2005 - Entered US and stayed for a month in May'05 & went back to India
2006 - Entered US again through the same employer in March'06 and still in US (remember the gap is < 1 year)

My H1 Petition is valid till May 2007 (first 3 years). I-94 also is valid for the same period. Now I am planning to transfer my H1B to a new company.

Questions:
1) Aa a part of the transfer, will I get my new petition extended for another 3 years say till 2010 (total of 6 yrs)?
2) Should I get my spouses H4 transfer too done along with my H1b transfer?
2) Will get a new I-94 too till 2010? Will my spouse get a new I-94 too?
3) What will happen to the visa on my passport? Visa is only till May'07.
4) When I go to India at the first available opportunity, do I have to go for stamping.

Appreciate Ur help...
 
IMF said:
Gurus,

Here is my case..

2005 - H1B Stamped ..valid till May 2007 same as my petition - Valid for 3yrs
2005 - Entered US and stayed for a month in May'05 & went back to India
2006 - Entered US again through the same employer in March'06 and still in US (remember the gap is < 1 year)

My H1 Petition is valid till May 2007 (first 3 years). I-94 also is valid for the same period. Now I am planning to transfer my H1B to a new company.

Questions:
1) Aa a part of the transfer, will I get my new petition extended for another 3 years say till 2010 (total of 6 yrs)?
------------ if the lawyer asks for 3 years and submit LCA fot that time
2) Should I get my spouses H4 transfer too done along with my H1b transfer?
----------- it is better to file her H4 with I-539 so that she also gets H4 extended till your H1 transfer
2) Will get a new I-94 too till 2010? Will my spouse get a new I-94 too?
--------------- yes both will get I-94 attached
3) What will happen to the visa on my passport? Visa is only till May'07.

-----------nothing happen to visa stamp that is valid till May 2007, if after May 2007 you want to go out need new H1 visa stamp and your spouse will need H4 visa stamp
4) When I go to India at the first available opportunity, do I have to go for stamping.
-------------- if coming to Us BEFORE May 2007 then no need of new visa stamp. you will show valid visa in passport AND H1 transfer approval at POE and will get I-94 till H1 transfer notice. if your wife wants to come BEFORE May 2007 then no need of new visa stamp. she will show valid visa in passport AND your H1 transfer approval at POE and will get I-94 till your H1 transfer notice
Appreciate Ur help...
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