H1B Extension or Transfer

[VAK347]

I came in to US in Feb 2012, my I797/ was valid until Sep 2014,departure date on my I-94 was also Sep 2014 . I changed job and joined another employer in Oct 2012 but on doing a H1B transfer the new I797 which I recieved is valid until 10th March 2014. I have 2 questions

 

1. Is my I797 valid until the date on the first I797(Sept 2014) or the second one(March 2014).

 

2. Now, I have an offer from a new employer whose willing to process my H1 in premium. Will this be a H1 transfer or an  extension. if an extension, is it too late to apply for H1B processing as expiration date on the 2nd I797 is 10th of March 2014.

 

Please advise and help.

 

[jairichi]

I came in to US in Feb 2012, my I797/ was valid until Sep 2014,departure date on my I-94 was also Sep 2014 . I changed job and joined another employer in Oct 2012 but on doing a H1B transfer the new I797 which I recieved is valid until 10th March 2014. I have 2 questions

 

1. Is my I797 valid until the date on the first I797(Sept 2014) or the second one(March 2014).

 

2. Now, I have an offer from a new employer whose willing to process my H1 in premium. Will this be a H1 transfer or an  extension. if an extension, is it too late to apply for H1B processing as expiration date on the 2nd I797 is 10th of March 2014.

 

Please advise and help.

1. Second one (March 2014)

2. It will be a cap exempt H1B petition. Make sure they file before I94 expiry date.

[VAK347]

Thank toy for your reply, when you say  it's a cap exempt H1b petition and filling before the expiry date, does that mean that I can file for a H1B transfer even after March (10th ) or do i have to start the process before March 10th? If filling for transfer after March 10 make be eligible to work here after the expiration date? When I apply after March 10th will the transfer cause any issue? Please advise.

[jairichi]

Thank toy for your reply, when you say  it's a cap exempt H1b petition and filling before the expiry date, does that mean that I can file for a H1B transfer even after March (10th ) or do i have to start the process before March 10th? If filling for transfer after March 10 make be eligible to work here after the expiration date? When I apply after March 10th will the transfer cause any issue? Please advise.

Your new employer needs to file a cap exempt H1B petition before I94 expiry date. Have a look at I94 expiry date in I797 from 2nd employer.

[VAK347]

Hi,

 

Thank You for your reply, I'm in a scenario now where in I have 3 working weeks left for my I-94 to expire(March 10 2014), A new employer has started my LCA and will be filling for H1B in premium processing, I'm expecting  an other offer sometime next week from another employer.

 

Now in this time crunch, If I go with the other offer next week, will it be enough time to get my H1B processed through the employer who is going offer me the job next week. 

 

Please advise, I'm in a tight situation and need to know how much time does it take for H1B to be processesed in premium and is 3 weeks good enough time..

 

Appreciate your advise.

 

Thanks

[jairichi]

Hi,

 

Thank You for your reply, I'm in a scenario now where in I have 3 working weeks left for my I-94 to expire(March 10 2014), A new employer has started my LCA and will be filling for H1B in premium processing, I'm expecting  an other offer sometime next week from another employer.

 

Now in this time crunch, If I go with the other offer next week, will it be enough time to get my H1B processed through the employer who is going offer me the job next week. 

 

Please advise, I'm in a tight situation and need to know how much time does it take for H1B to be processesed in premium and is 3 weeks good enough time..

 

Appreciate your advise.

 

Thanks

As long as cap exempt H1B petition is pending for a decision from USCIS you are fine as you will not go out of status. 15 calendar days from day of filing to get H1B petition decision based on premium processing, provided no RFE is raised.