H1B Tranfer - Validity of Transferred petition

R

reapit

Registered Users (C)
Hi.

I am currently in India. I have an approved petition/visa till June 2011 from my previous employer

My current employer wants to apply for H1B transfer

Could you please advise if the new petition (transfer) is approved, what will be the validity date of the approved petition - June 2011 or any other later date?

Thanks!
 
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reapit said:
Hi.

I am currently in India. I have an approved petition/visa till June 2011 from my previous employer

My current employer wants to apply for H1B transfer
--------- you wrote that you are in India. Indian employer has nothing to do with H1. for H1 transfer you must be in US working on H1 status with valid I-94 based on H1 and Pay stubs based on H1 status then only US employer can file H1 transfer with USCIS while you are in US.

Could you please advise if the new petition (transfer) is approved, what will be the validity date - June 2011 or any other later date?

Thanks!
Click to expand...
full info of your case is not provided by you.
 
reapit said:
Could you please let me know what information you are looking for? Thanks!
Click to expand...

you wrote that you are in India. Indian employer has nothing to do with H1. for H1 transfer you must be in US working on H1 status with valid I-94 based on H1 and Pay stubs based on H1 status then only US employer can file H1 transfer with USCIS while you are in US.
 
Hi Ginnu - H1 transfer can happen while in India as well. It will be treated as a fresh H1 and willnt be counted under the cap. My question is more aligned to it. If i go for a fresh H1 now , what will be the validity for the new approved petition. Will it be same as the old petition or a new date maybe as per SoW or client letter
 
reapit said:
Hi Ginnu - H1 transfer can happen while in India as well.
---Don't call it H1 Transfer it will be Fresh H1 if US employer file H1 if you are out of US.
It will be treated as a fresh H1 and willnt be counted under the cap.
-- if you stay out of US 1 year and H1 was approved in past then you will not be subject to Cap.
My question is more aligned to it. If i go for a fresh H1 now , what will be the validity for the new approved petition.
---That depend on Employer LCA+ the employer or lawyer ask on I-129 form.

Will it be same as the old petition or a new date maybe as per SoW or client letter
--- It will not depend on Client letter. it will depend on Employer LCA+Employer or lawyer request on I-129.
Click to expand...
---------------- If Employer file H1 and does not have real job then even after H1 petition is approved by USCIS the US consulate in India at this time ask truck load of documents from US employer or reject Visa with 221g.
 
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