Regarding H1B transfer.

[dev.saran87@gmail.com]

Hello,

 

I need a clarification. Both my H1B is expiring and I94 is expiring this year 2013 december. Meanwhile i got another offer and got the new LCA receipt number too. I am quite confused after reading many blogs and forum about the extension process and H1B transfer.

 

Could someone clarify me below question.

 

1. whether i have to apply for my extension once i get the transfer?

2. Meanwhile if my transfer goes into RFE(FYI its premium processing), and i have 4 more months validity left. In that case what will be the situation i need to handle?

3. Can my present employer cancel my H1B visa before transfer? will it get a conflict?

[jairichi]

Hello,

 

I need a clarification. Both my H1B is expiring and I94 is expiring this year 2013 december. Meanwhile i got another offer and got the new LCA receipt number too. I am quite confused after reading many blogs and forum about the extension process and H1B transfer.

 

Could someone clarify me below question.

 

1. whether i have to apply for my extension once i get the transfer?

2. Meanwhile if my transfer goes into RFE(FYI its premium processing), and i have 4 more months validity left. In that case what will be the situation i need to handle?

3. Can my present employer cancel my H1B visa before transfer? will it get a conflict?

(1) If your transfer is approved you do not need to apply for an extension.

(2) As long as a decision is pending on your H1B transfer you are in status. But, you would need to apply for an extension with your current employer if RFE goes beyond Dec 2013.

(3) If you submit your resignation then by law he has to revoke your H1B status.

[pontevecchio]

1. Your transfer is your extension.

2. A non frivolous extension gives you 240 days of legal stay.

3. he can and if the new petition is approved you have no trouble.

[rahul412]

Could someone clarify me below question.

 

1. whether i have to apply for my extension once i get the transfer?

2. Meanwhile if my transfer goes into RFE(FYI its premium processing), and i have 4 more months validity left. In that case what will be the situation i need to handle?

3. Can my present employer cancel my H1B visa before transfer? will it get a conflict?

1.H1 transfer or ext is one and the same. Only difference will be the sponsoring employer.

2.During the H1 process, you will be in status

3.Once you resign from your current employer then that H1 will become invalid. So do not join new employer before H1 APPROVAL.