H1B Transfer + Extension - Can we apply ?

[TK72]

Hello,

My current H1B (I-797) petition from employer A is expiring in April 2022.

I am now joining new employer B who will transfer my H1B.

When we file for H1B transfer this month in July 2020, can we request for new 3 year H1B along with Transfer ? - basically, can we apply for 3 years H1B, which will be approx till July 2023 ?  or we should simply do transfer and should ask for new H1B till April 2022 only ?

My company thinks that we should ask for "Transfer plus Extension" only when around 6 months left to my current H1B. But since it is valid till April 2022, they are saying they will only do "Transfer" and not "Transfer + Extension".

Can someone share their experience or know whether we can ask for both "Transfer and extension" together when we file my H1B transfer ?

 

 

 

[gopalakrishnach]

When we file for H1B transfer this month in July 2020, can we request for new 3 year H1B along with Transfer ? -- it depends on the paper work by petitioner. Company B must take care of all this.

[TK72]

I know, but question is, are we entitled to even ask for 3 years H1B during transfer ?

[User099]

On 7/13/2020 at 8:41 PM, TK72 said:

I know, but question is, are we entitled to even ask for 3 years H1B during transfer ?

Yes, you can ask for 3 years. I don't think there is any rule that says you can't ask for extension when applying for transfer with 2 years left. If your employer can show the availability of work for 3 years, then they can ask for 3 years. It also should not cross the 6 year limit if you don't have an I140.