H1 Transfer during extension/ validity time for transfer


mallis

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Hi All,

 

I am working with employer A, and my H1 Visa validity time is up to 14th 

 

March 2015, I got an offer from employer B and there are going to file H1 

 

transfer in another 1 or 2 weeks (2nd week or 3rd week of Dec 2014).

 

(1) Is there any min validity time required (1 or 2 months min H1 validity 

 

time) for filing H1 Transfer?.

 

(2) Can we do H1 Transfer during H1 Extension period? Since my current 

 

employer A will be filing H1 extension in another 1 or 2 weeks.

 

(3) Is there any issue in getting H1 approval? If both (employer A & B ) 

 

files Extension from employer A  & Transfer employer B.

 

Thanks in Advance.

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As mentioned multiple times there is no such thing as H-1B transfer.

For your answers

1.no. New employer can cap exempt petition file any time before your current H-1B expires.

2. Yes.  both employers can file petitions at the same time.

3. No issue. Both are separate petitions. Employer A will file as  classification b) continuation of employment

Employer B will file as classification e) change of employer.

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