H1B Transfer and Extension


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Hello Experts,


Need some direction!




I was working with Company A since 2013 who filed my H1B Visa for the first time in 2014. There was RFE involved and later I got H1B Approval for 1 Year which is now expiring on  9/30/15. In 2015 I decided to change my current employer ta Company B who has already filed for my new H1B (Transfer Petition as people call it) in regular processing in May 2015. (Note: I have already started working for the new employer since I received the 797)


I have received 797 stating that the petition has been received and is now in processing. The petition was applied in May 2015 and  I haven't heard anything since. 




1) If the approval of my New H1B does not come till 9/30/2015 which is the current expiry of my current H1B visa, then am I in any problems? Will I be out of status or anything?


2) Assuming that Employer A has already revoked my Visa since I moved on to Employer B in May and if in any case my new petition gets RFE of gets denied before 9/30/15 then what are my options?


3) New Employer B has applied for H1B will that also take care of the extension after 9/30/15 or will the visa simply be transferred to the current date of expiry which is set to expire on 9/30/15? Does there need to be a separate process for extension?


Please advise and Thanks in Advance!!! :)

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I am wondering why have you been given approval for just 1 year instead of full 3 years which can be later extended for another 3 years. If you have already consumed 6 years (total on H and L), then even if transfer petition is approved, I guess it would not be any more than current visa expiry.

If you still have time left on H1 ( say 5 years), I would suggest you to upgrade it to premium to know the final verdict before visa expiry date.

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