H1B extension transfer beyond 6 years

[fromafar]

Hi all

Would anybody know if it is ok (meaning possible and legal) to transfer an extension of H1B, beyond 6 years, to a new employer?

E.g. I'm currently in my 8th year extension, valid till Dec 2006. I presume I can transfer that, no problem. I'm getting the 9th year extension done soon, that will be valid from Dec 2006 till Dec 2007. My question is, if I can also transfer to the new employer, that upcoming extention.

Thanks
Tim

 

[wallstreetguy]

Yes you can

Yes you can. Assuming if you are filing before dec 2006 and it is less than 6 months before your current (8th year) expires . You would apply for 8th year H1 transfer and 9th year extension at the same time from the new company.

My advice is that, don't join new company based on getting reciept. Wait till
approval. Nowadays USCIS sending lots of RFE and denying some cases.

 

[fromafar]

Thanks for the information!

Would anyone know how exactly this works? I mean, will my current employer learn from USCIS that a transfer request was filed?

On a related note, I am still in I-140 stage with the current company. My labour was filed back in 2001 and approved only in 2004. Does it mean that the new employer will be able to extend my H1B, based on the fact that it took over 1 year for labour from my current employer? Perhaps it is better to transfer the current H1B and file for extension from the new company?

thanks again!