H1B Transfer - stuck with basic questions - nervous and hesitant


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Hi All,

I have a few basic doubts.

1. If I apply for a H1B transfer and if it gets rejected, will my original H1B visa also get canceled? I read the following line in a website's H1B transfer FAQ.

" * If H-1B visa transfer is not approved, your original H-1B visa will be lost. So, it is recommended to complete the visa transfer before entering into the new job. "

I am planning to transfer my H1B and do not want to mess up if the above statement is true.

2. Also, my I797 expires next year. If I apply for a transfer now, will the I797 validity be the same (next year) or will it have a fresh 3 year term? (I am still within the first 3 years term)

3. How are extensions these days? They say they do not give a full 3 year extension and only give to the number of months mentioned in the client letter?

I Highly appreciate an early reply and thank you guys in advance.

Additionally - one unrelated question

In USA here if I accept the employment offer letter from new company and they initiate my H1B transfer...(agreed with new company that i will join them only on successful H1b transfer and not on mere application receipt) can i still refuse to join them after H1B application gets approved?

How does it affect my current status?

Am i legally bound to join them?

Do I need to reimburse their cost? if yes how much?

Pls elaborate.

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1. Your old H1 is valid and will remain valid as long as you continue working with the current company.

2 and 3 are related. There are quite a few cases where extension is granted for just 1 year or duration of the client contract. For regular cases, you would get 3 years as long as those 3 are under the 6 year limit.

Filing a new H1B does not affect your current status. Whether you are legally bound to join them or reimburse their costs, depends on your signed agreement with the employer, filing your H1B by itself doesn't bind you.

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I have a similar question.

As of now I have a valid H1 Extension and I work for employer A. My extension came this month while my visa stamp on the passport has expired.

I recently got a job offer from employer B and my H1 B transfer has been initiated through premium processing.

I am planning to join employer B by end of December.

I have to travel to India for 2 weeks in January. If I go to Vancouver and get my visa stamped (with employer A mentioned in the stamp), when I go to India, will I have to get a new visa stamped with employer B's details in it?

Or can I re-enter USA with my earlier extension petition and the visa with employer A details even though I would be technically employed with employer B at that time?

Many thanks for any guidance!

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