Help: H1B Extension or H1B Transfer?

[redmondran]

Greetings All, 

 

Since i moved from company A , I am currently working in company B for last six months . I have H1 tenure left 1.4 months out of 6 yrs period .

 

When i move from company A , my perm was applied and not approved state. currently my Company A contact me to comeback since my perm was approved and also they are ready to file /apply I140?

 

also, i haven't see any progress with my current company B,. so i like to decide join company A back.

 

I aso have valid visa stamped only until May 22 2014  with company A. But i have new I 797 and I94 until sep 2015 on current company b.

 

Questions : 

1) Do i allowed to work with my old employer ? since they haven't cancelled my H1 and they have approved perm.

2) If yes, do i need to apply H1 extension? (since thier petition is valid until may 2014) or H1 transfer ? 

3) i heard that h1 extension takes longer period ? than transfer ? which one is ideal in my case ?

4) if i go with extension, is there any chance of denail/query as USCIS/Labor verify my salary is not coming from Company A?

5)if i go with H1 transfer back to company A, then can i still use my perm approval to proceed further on I 140 app?

6) Can i ask company A to continue to file I 140? is that help to get h1B extension smother ? 

 

Thanks in  Advance 

ranga.

 

 

 

 

 

[jairichi]

Greetings All, 

 

Since i moved from company A , I am currently working in company B for last six months . I have H1 tenure left 1.4 months out of 6 yrs period .

 

When i move from company A , my perm was applied and not approved state. currently my Company A contact me to comeback since my perm was approved and also they are ready to file /apply I140?

 

also, i haven't see any progress with my current company B,. so i like to decide join company A back.

 

I aso have valid visa stamped only until May 22 2014  with company A. But i have new I 797 and I94 until sep 2015 on current company b.

 

Questions : 

1) Do i allowed to work with my old employer ? since they haven't cancelled my H1 and they have approved perm.

2) If yes, do i need to apply H1 extension? (since thier petition is valid until may 2014) or H1 transfer ? 

3) i heard that h1 extension takes longer period ? than transfer ? which one is ideal in my case ?

4) if i go with extension, is there any chance of denail/query as USCIS/Labor verify my salary is not coming from Company A?

5)if i go with H1 transfer back to company A, then can i still use my perm approval to proceed further on I 140 app?

6) Can i ask company A to continue to file I 140? is that help to get h1B extension smother ? 

 

Thanks in  Advance 

ranga.

1. If they have not revoked your H1B petition you can go back. Just to be sure I would suggest you to exit and enter US by crossing the border with a valid H1B visa and I797 of old employer.

2. Extension and transfers are same and they are a new H1B petition that is cap exempt.

3. Both take 3 to 4 months to get approved in regular processing and 15 calendar days by premium processing.

4. Should not be an issue as you would have latest pay stubs from company B.

5. Even if not still company A can file I-140.

6. Yes. Filing an I-140 is not to going to affect your current situation. It helps you to get 3 year extensions only when approved.

[redmondran]

thanks Jai