H1B extension or transfer

[desw]

Hi everybody,

would you kindly help me with my questions?

I am currently on H1B (first 3 year) and my H1B will expire on Sept 6th 2011 and my company (A) hasn't filed for an extension (about 1 month left).

I have an offer from another company (B) and I am wondering what should I do in term of my Visa.

Should I file an extension with my current company (A)?

or should I file for transfer with company (B)?

or should I do both?

If I do both? what happen if both are approved?

If I only do transfer, what will happen if by Sept 6th, my transfer has not been approved?

Also, will transferring H1B extend my H1B to another 3 years?

I really appreciate any reply.

Thank you!

[RashmiG]

Normally in case of transfer or extension filing with USCIS an extension of stay is also filed which says you can stay in the same status unless USCIS decides on your case. Make sure when you file for an extension or transfer your lawyer files for extension of stay as well.

I don't have good answer for the rest of your questions.

[desw]

Thank you RashmiG,

Anybody has any answer on my other questions? please helpp

[praveen.p2]

Hi ,

I am also in the same situation,visa expires on sep, My current company (A) is holding my visa extension and said will do a PP begining of the month.My current Client i work with is not given me any client letter.But they offered me a full time in their company (B).

I was also confused to do my extention with my own consultancy or do a trasfer/extension with company B where i am working with.

Company B is a well known Indian company but they dont process any GC and i am uncertain about what they will do if their project in US is finished?

I am not looking at any package or anything else just trying to keep my visa status proper.

[indian_007]

I would recommend filing both. Ask if employer B can do a premium processing transfer and file an extension with current employer simultaneously. With premium processing, you will get a response within 15 days and you can join B after getting approval. However, you need to file an LCA as well before H1B application. LCA normally takes 7 days. You can also start working for B with just the receipt # if B is a decent company and transfer looks very likely to get approved.

Until your transfer gets approved, you can continue working for (A) if he files for extension as well in a timely manner. Ideally, you should have not waited until now to file the extension.