H1 Transfer vs. H1 Extension
My friend is currently on H1 in US and her visa expires on 15-May-09. The H1-B visa extension process has been initiated by her company-A and it has been filed with the USCIS on 02-Dec-08 and the case is pending and under progress. Looks like the expected date for processing the application is 2 months ideally and hence, the new I-797 petition might be received by March 09.
Due to the current economic situation, the company-A has requested her to go back to India by this month end (Feb) and she also has to go back to India for attending to her some personal affairs.
With this background, she is considering 2 scenarios:
1) Transfer H1 visa before leaving US and enter USA through company-B. In this case, she is concerned whether USCIS will notify the current company-A about the transfer. She wanted to work with company-A till she is in India and hence she feels that it might cause confusion if USCIS notifies company-A about the transfer. Also since Company-A has applied for H1 extension, what will happen to it.
2) Going back to India as per company-A (to continue working for Company A) and try to get the Visa extension stamped and if possible find a new project. In this case is it possible to do an H1 transfer being in India? Or
Is it that she will have to apply for new H1 thro' company B and go thro' the lottery system or will her new H1 (extension petition) will be considered valid.
Kindly suggest the pros/cons of each of the above mentioned scenario and guide in resolving the above confusion
My friend is currently on H1 in US and her visa expires on 15-May-09. The H1-B visa extension process has been initiated by her company-A and it has been filed with the USCIS on 02-Dec-08 and the case is pending and under progress. Looks like the expected date for processing the application is 2 months ideally and hence, the new I-797 petition might be received by March 09.
Due to the current economic situation, the company-A has requested her to go back to India by this month end (Feb) and she also has to go back to India for attending to her some personal affairs.
With this background, she is considering 2 scenarios:
1) Transfer H1 visa before leaving US and enter USA through company-B. In this case, she is concerned whether USCIS will notify the current company-A about the transfer. She wanted to work with company-A till she is in India and hence she feels that it might cause confusion if USCIS notifies company-A about the transfer. Also since Company-A has applied for H1 extension, what will happen to it.
2) Going back to India as per company-A (to continue working for Company A) and try to get the Visa extension stamped and if possible find a new project. In this case is it possible to do an H1 transfer being in India? Or
Is it that she will have to apply for new H1 thro' company B and go thro' the lottery system or will her new H1 (extension petition) will be considered valid.
Kindly suggest the pros/cons of each of the above mentioned scenario and guide in resolving the above confusion