How much time needed before doing H1B transfer?


sanjay999

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Hi,

 

My visa needs to be renewed by Feb 28th,2014 and my project is getting over by Feb end, my current employer is not planning to apply for visa renewal and i'm actively searching for job.

 

1)can you please let me know how much time it takes to transfer H1B visa  and do i have enough time  as my visa and I94 data is Feb 28th,2014?

 

2)I came to know from one of  my friend that the new employer will take 3 weeks for LCA filing and 1 week for filing  H1B, is that correct ?

 

 

appreciate your help on this .

 

 

 

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Hi,

 

My visa needs to be renewed by Feb 28th,2014 and my project is getting over by Feb end, my current employer is not planning to apply for visa renewal and i'm actively searching for job.

 

1)can you please let me know how much time it takes to transfer H1B visa  and do i have enough time  as my visa and I94 data is Feb 28th,2014?

 

2)I came to know from one of  my friend that the new employer will take 3 weeks for LCA filing and 1 week for filing  H1B, is that correct ?

 

 

appreciate your help on this .

A H1B petition has to be filed by new employer with USCIS before your last date with current employer. Or you could apply for a COS to B2 a week before your last day with current employer to be on status if you have not found a job by then.

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A H1B petition has to be filed by new employer with USCIS before your last date with current employer. Or you could apply for a COS to B2 a week before your last day with current employer to be on status if you have not found a job by then.

 

thanks Jai,

 

If i change my visa status to B2, then i will be  on visitor visa right  and this will be considered as vacation period ? and my spouse who is in H4 can also change to B2 visa?

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A H1B petition has to be filed by new employer with USCIS before your last date with current employer. Or you could apply for a COS to B2 a week before your last day with current employer to be on status if you have not found a job by then.

Once i  transfer to B2,  can i do premium for change of status to H1 ? and B2 to H1 will create any RFE issues?

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Once i  transfer to B2,  can i do premium for change of status to H1 ? and B2 to H1 will create any RFE issues?

Yes, employer can file PP for your H1B petition. Inform new employer/attorney if you are applying for COS to B2.  After H1B approval you would need to withdraw your B2 application from USCIS. Though sometimes USCIS does not accept withdrawal you could exit and enter US with a valid H1B visa and new employer's I797. By doing this your COS to B2 gets abandoned. 

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Yes, employer can file PP for your H1B petition. Inform new employer/attorney if you are applying for COS to B2.  After H1B approval you would need to withdraw your B2 application from USCIS. Though sometimes USCIS does not accept withdrawal you could exit and enter US with a valid H1B visa and new employer's I797. By doing this your COS to B2 gets abandoned. 

Thanks Jai,my company is planning to apply with In house project(they have real products with few US clients),This may give some time to me for  search jobs as well as be in status , i assume it will take 2 to 3 months to know RFE or status , so by mean time i can search other jobs and apply for H1 transfer will H1 renewal is pending ?

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Thanks Jai,my company is planning to apply with In house project(they have real products with few US clients),This may give some time to me for  search jobs as well as be in status , i assume it will take 2 to 3 months to know RFE or status , so by mean time i can search other jobs and apply for H1 transfer will H1 renewal is pending ?

Yes, another employer can file a cap exempt H1B petition but its approval is based on your current cap exempt H1B petition approval. It is called a bridge application.

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