Can H1 transfer be applied based WAc no i got from H1 extn??

chandru1985

By chandru1985,
in H1B : General

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chandru1985 Member

chandru1985

Posted
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Hi,

 

My VISA is getting over by Apr 5 and my company has filed a extn and just today got the WAC no. But this is regular processing it might take 3-4 months. Now I'm in urgency of moving to new  company .

 

can i abe to get H1 transfer based on this WAC no in the H1 exempt quota? or shd i wait for the approval which  is too long .

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jairichi Advanced Member

jairichi

Posted
Posted

Hi,

 

My VISA is getting over by Apr 5 and my company has filed a extn and just today got the WAC no. But this is regular processing it might take 3-4 months. Now I'm in urgency of moving to new  company .

 

can i abe to get H1 transfer based on this WAC no in the H1 exempt quota? or shd i wait for the approval which  is too long .

Yes, new employer can file a cap exempt H1B petition based on your old employer's H1B I797.

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jairichi Advanced Member

jairichi

Posted
Posted

Thanks jai,

 

But only concern is that . My VISA  expires on Apr 5th / I94 on apr 15th. Can the new employer can still file using old H1 petition as thats expired .

If new employer files a cap exempt H1B petition before your I94 expiry date you are fine to stay in US as long as a decision is pending with USCIS. If filed after I94 expiry new employer's H1B petition would be considered as bridge petition.

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jairichi Advanced Member

jairichi

Posted
Posted

Thanks Jai.

 

But my emp has already filed a extn and it is pending with USCIS. Now a new emp  wants to take me in after my I94 expires is what I would like to know. On what basis he can  apply H1 transfer ?

If applied before I94 expiry then you could join new employer immediately after approval and do not have to wait for extension petition outcome.

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