H1B, xfer,extension, capture

[sanam9696]

Here is my situation:

FIrst H1 approval : 11-Sep-2002 to 15-May-2005 (33 months)
I came to US on 23-Apr-2003 (7 months after approval date)
Filed for Labor: Nov-2004
Started MBA - Aug-2004
Second Approval: 15-May-2005 to 15-May-2008
Finishing MBA - May-2006

Question:
Can I xfer my H1b visa to new company? (after MBA, job profile would change)
In that case whether my LC application(old job description) would remain valid?
I am going to get a ne job based on MBA, what are my options?
To transfer H1B or should I get new H1B visa?
In either situation, what about the validity/xferability of original LC?
Can I recature 7 months time with new employer? My first approval was for 33 months, can I capture additional 3 months also?

appreciate your help

 

[GotPR?]

Here is my situation:

Question:
Can I xfer my H1b visa to new company? (after MBA, job profile would change)

Are you on H1B with the payroll of old employer or other visa status ?
ANyway, you should be able to transfer, but I think you need H1B amendment since job description will be changed.

In that case whether my LC application(old job description) would remain valid?

LC is based on your job duty for future employment. If you will change your job description, it may not be valid.

To transfer H1B or should I get new H1B visa?

What do you mean, new H1B ?
Transfer is actually new petition without H1 cap.
If you mean new H1B as H1B with another 6 years validity, then, No.

Can I recature 7 months time with new employer? My first approval was for 33 months, can I capture additional 3 months also?

your 6 year clock of H1 starts when you enter the US, hence you can claim 7 months more.

 

[sanam9696]

Thanks

Thank you GOTPr for your detail reply.

I am on H1b with the payroll of current employer.

Before I accept new job, if LC is approved, would it still remain valid with new employer (MBA based job)?

If my new employer files for my LC, can I maintain the same PD as for the LC filed by current employer?

When can I apply for capturing 7 months, I spent outside USA?

Agains thanks for your help.

 

[GotPR?]

Before I accept new job, if LC is approved, would it still remain valid with new employer (MBA based job)?

If my new employer files for my LC, can I maintain the same PD as for the LC filed by current employer?

When can I apply for capturing 7 months, I spent outside USA?
.

I think if your are willing to join company A(1st company) with original job description after GC and company A does not withdraw LC and have the intent to hire you after GC, you can use that LC for your GC. But if you want the company B(2nd company) to be your GC sponsor, I believe you need to file LC with new job duty.
According to the recent CIS memo, PD is permanently secured when I140 is approved. In your case, I believe you can not retain PD if you start LC again.
You can claim 7 months next time you extend/renew your H1. I'm not sure if you can add this 7 months to 1 year extension beyond 6 year limit.