H1 Visa Transfer Question

[hicopicobm]

I have an approved H1B petition. But I got the petition only for 14 months i.e. it expires on end of November 2014. Also there is no project in current employer. I am planning to transfer my H1B to a new employer and travel. Now I have the following questions.

 

1. If new employer transfers H1B visa is it going to automatically cancel my petition of current employer? I mean will my current employer know by any means that I am transferring my H1B to a new employer? If not, then does it mean after my successful H1B transfer I will basically have 2 approved petitions(one from current employer and one from new employer) and I can choose any of them for stamping?

 

2. If I transfer my H1B and if the petition gets approved then can the new petition be of 3 years validity provided in the document we properly justify my job duration for 3 years? Or my transferred H1B petition will also have same expiry date i.e. November 2014 since my current employer's petition expires on November 2014?

 

Kindly help.

[jairichi]

What do you mean by no project under current employer? Are you getting paid? If not, you are out of status from the day your employer stopped paying you. 

 

(1) If your new employer files a H1B petition it will not automatically cancel your petition with current employer as long as you work for him. Your current employer will not know about the H1B petition being filed by your new employer. Yes, you are correct, you will have two approved petitions and you can choose one which you would like to use for stamping based on the decision for whom you are planning to work for.

 

(2) Normally yes. But, it depends on case to case basis. Mostly the validity is for 3 years.

[tirath5u]

I have an approved H1B petition. But I got the petition only for 14 months i.e. it expires on end of November 2014. Also there is no project in current employer. I am planning to transfer my H1B to a new employer and travel. Now I have the following questions.

 

1. If new employer transfers H1B visa is it going to automatically cancel my petition of current employer? I mean will my current employer know by any means that I am transferring my H1B to a new employer? If not, then does it mean after my successful H1B transfer I will basically have 2 approved petitions(one from current employer and one from new employer) and I can choose any of them for stamping?

------ Yes, prevous petition will be cancelled and notice will be sent to the petitioner. Or they might choose to revoke ur petition if you let them know. 

2. If I transfer my H1B and if the petition gets approved then can the new petition be of 3 years validity provided in the document we properly justify my job duration for 3 years? Or my transferred H1B petition will also have same expiry date i.e. November 2014 since my current employer's petition expires on November 2014?

------Like you said if it is justified i.e. project last for 3 years, then you can get 3 years H1B approved. I had a similar case. First H1B was for 1 year, then applied for extension with the same company got it approved for 3 years  and then transferred H1B to client also for 3 years.

 

Kindly help.

[rahul412]

I have an approved H1B petition. But I got the petition only for 14 months i.e. it expires on end of November 2014. Also there is no project in current employer. I am planning to transfer my H1B to a new employer and travel. Now I have the following questions.

 

 

Are you getting paid or not?? If not, then sure your transfer will be rejected. If yes, then you can transfer your H1 without any issues.