Need help: H1 transfer with 3 year extension approved

H

h1b2007

New Member
Hi,

Any suggestion is greatly appreciated. I got the offer from the new employer, but it can be withdrawn if I can not sort this thing out in a timely manner.

My H1 will expire in September 2007 and a 3 year extension has been approved based on approved I-140 with my current employer. The extension is valid from September 2007 to 2010. Now I am doing a H1 transfer to a new employer. Can I use that extension in the transfer? Do I have to file an extension with the new employer again? The point I am not clear of is that I am not in the approved extension period yet, can I transfer a future extension.

Thanks,
 
Based on my understanding, you don't need file another extension with the new employer. You are safe now since your 3 year extension has been approved.

You can file H1b transfer. If it's approved, you will get a new I-94 which gives you a new 3-year valid status. But you know H1b has 6 year maximum period, the last date you can work with the "6-year" H1b is September xx, 2010 which is shown in your current extension notice.

I don't think extension can be tranferred. Before your 6-year H1b expires, you can file a 7th year extension. Correct me if I am wrong. :)
Consult a lawyer first if you can.
 
I have used up 6 year h1

Thank you for the reply, bestwishoh. The 3 year extension is based on my approved I-140. I have used up all 6 years of H1. Anyway, based on what you wrote, it seems safe to assume that I will get the 3 years on the H1 transfer. Thanks again.
 
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