Transfer of H1 Extension

R

rajivgandhi

Registered Users (C)
Hi,
My H1B is expiring 05/19/2011. Labor and I140 Approved. Priority date: 04/29/2010.

I presume I will have my approved H1B extension by February 2011 for 3 years.

1. Can I switch my job in March?
2. Can the approved LC and I140 be carried over to the new employer. from what I gather, they cannot and that the new employer has to new LC and I140 - only the priority date can be retained if the Job Classification remains the same.


thanks!
 
rajivgandhi said:
Hi,
My H1B is expiring 05/19/2011. Labor and I140 Approved. Priority date: 04/29/2010.

I presume I will have my approved H1B extension by February 2011 for 3 years.
----------------That is correct
1. Can I switch my job in March?
--------------You can but dont join new employer BEFORE your H1 transfer gets approved for new employer.
2. Can the approved LC and I140 be carried over to the new employer.
-------------No. if new employer file new LC and then I-140 then at the time of filing second I-140 ask your Lawyer to recapture PD of Past I-140 approval and you need to provide Copy of your I-140 approval notice(employer may not give you copy of I-140 approval)
from what I gather, they cannot and that the new employer has to new LC and I140 - only the priority date can be retained if the Job Classification remains the same.

--------------- PD can be retained and job duties can be different.
thanks!
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rajivgandhi said:
Thanks for your reply. How can I switch the Job in March 2011 if my 6th year H1 is expiring in May 2011?

Are your saying that the extended H1 (May 2011 - May 2014) can also be transferred?
------ you posted that you may get H1B extension approved by February 2011 for 3 years. Once H1 Extension is approved and you get approval notice in hand then New employer can file Transfer of H1 for you and join new Employer only after H1 transfer gets Approved and request new employer to file the H1 transfer with premium processing so that you know the result in 20-25 days.join new Employer only AFTER H1 transfer gets approved. USCIS has started asking lot of documents and send long RFE. I know about 4-5 cases where they joined new employer with H1 transfer filing reciept and employer got RFE and H1 transfer got rejected and Past employer also revoked H1 by writing to USCIS and they did not had any status to stay in US and had to depart US.
thanks!!
Click to expand...

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Ginnu,
I think you are not getting one of concerns. See.. I have a a valid H1 - 6th year ending 5/19/11. I will (presumably) get an approved extension by February valid 5/20/11 - 5/19/14. You can transfer only your current H1 which in my case will expire in 5/19/11 (so most likely if this was the case, nobody will be willing to transfer my H1). My H1 can only be transferred if the approved h1b extension can also be transferred.

Now, how can an H1 extension approved for 1 employer which is not going to go in effect till 5/20/2011 be transferred to 2nd employer before it going into effect and that with an approval for 1st employer)?

thanks!
 
rajivgandhi said:
Ginnu,
I think you are not getting one of concerns. See..


I have a a valid H1 - 6th year ending 5/19/11.
I will (presumably) get an approved extension by February valid 5/20/11 - 5/19/14.
------------------What is the Problem if you get H1 extension approved in February that will be valid valid 5/20/11 - 5/19/14?? once you get H1 extension approved for your current employer then new employer CAN file H1 transfer based on your H1 extension approval notice.
You can transfer only your current H1 which in my case will expire in 5/19/11 (so most likely if this was the case, nobody will be willing to transfer my H1).

--------------------- Who told you that you can only Transfer H1 that is valid till 5/19/11???(in your case) if your Current employer file H1 Extension and your H1 Extension gets approved then you Get H1 extension approval in hand and with the copy of H1 extension approval and latest pay stubs the new employer CAN file H1 transfer.

My H1 can only be transferred if the approved h1b extension can also be transferred.
---------------------H1 extension approved for employer A can be Transfered and B can file H1 Transfer

Now, how can an H1 extension approved for 1 employer which is not going to go in effect till 5/20/2011 be transferred to 2nd employer before it going into effect and that with an approval for 1st employer)?
----------read above
thanks!
Click to expand...

if still confused talk to good lawyer you trust.
 
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