H1 visa transfer, extension and start date - questions

[swame_sp]

Hey helpful team,

 

I recently lost my full time job (on march last) and the H1 on my passport is set to expire on May 10 2014 (a month from now). Found an employer who is willing to do H1 transfer, H1 extension (have 6-7 months to recapture) and file for GC.

 

Finished interview, have found a consulting position, now they are about to file LCA.

 

- When can I start working legally? After LCA or ack from H1 transfer?

- Can the H1 transfer and extension happen simultaneously in this situation?

- With 1 month left for expiry, will USCIS approve for H1 transfer?

- Is there a possibility to use the existing ads to file GC though I was not working for them while the ad was posted?

 

Please let me know.

 

Thanks!

[rahul412]

Hey helpful team,

 

I recently lost my full time job (on march last) and the H1 on my passport is set to expire on May 10 2014 (a month from now). Found an employer who is willing to do H1 transfer, H1 extension (have 6-7 months to recapture) and file for GC.

 

Finished interview, have found a consulting position, now they are about to file LCA.

 

- When can I start working legally? After LCA or ack from H1 transfer?

- Can the H1 transfer and extension happen simultaneously in this situation?

- With 1 month left for expiry, will USCIS approve for H1 transfer?

- Is there a possibility to use the existing ads to file GC though I was not working for them while the ad was posted?

 

Currently you are out of status, you need to file H1 ASAP.

-for ext you need to have approved I140 since you have completed 6 yrs of H1

-You cannot use that existing ad,the process should be from the scratch.No doubt.

[swame_sp]

Currently you are out of status, you need to file H1 ASAP.

-for ext you need to have approved I140 since you have completed 6 yrs of H1

-You cannot use that existing ad,the process should be from the scratch.No doubt.

 

Previous company has not revoked the existing H1 and the LCA is applied within 9 days of final employment with previous company. so having an LCA is not going to work?

 

Also I had travelled more than 6 months outside the US, so I guess I could recapture it with the extension, does that still consider to be completion of 6years in H1?

[rahul412]

Previous company has not revoked the existing H1 and the LCA is applied within 9 days of final employment with previous company. so having an LCA is not going to work?

 

Also I had travelled more than 6 months outside the US, so I guess I could recapture it with the extension, does that still consider to be completion of 6years in H1?

Since you already resigned from your previous job, your H1 is gone. So you need new H1 from that employer, it doesn't matter whether it's revoked or not.

 

Yes, you can recapture the time you spend outside of US.

[jairichi]

Previous company has not revoked the existing H1 and the LCA is applied within 9 days of final employment with previous company. so having an LCA is not going to work?

 

Also I had travelled more than 6 months outside the US, so I guess I could recapture it with the extension, does that still consider to be completion of 6years in H1?

Ex-employer revoking your H1B or not does not matter to you. You are out of status from March last. Only if your cap exempt H1B petition was filed before your last working day with ex-employer you can begin to work with new employer based on receipt notice. Now, you have to wait for approval to join new employer.

Any time spent outside US can be recaptured to reach the max allowed stay of 6 years on H1B.