H1 B transfer when in extension


sujatha29

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Posted

I'm working for company X. My H1-B is expiring in a month. Extension is applied, received Acknowledgement and extension is yet to be approved. 

1) Can company Y hire me by transferring my H1B even before it is approved?

2) If I resign now (before I get the extension approved) and decide to go back to native country for few months, what happens to the Visa. Will it still be usable at a later point?

3) If I decide to take a break and continue to stay in H4 as my spouse's dependent for a while, how difficult it is to get back to work by reviving my H1-B? Can both H4 and H1-B be valid at same time?

4) If I need to go to native country for a vacation, can I still come back even if extension is not yet approved (with just Acknowledgment receipt of extension filing on hand)?

Thanks in advance! Apologies for asking so many questions together.

Posted

1. Even though you can join based on H1B transfer receipt notice it is wise to wait for approval.

2. Yes, if you have not stayed in US on H1B for 6 years.

3. Depends on how easy you can find an employer willing to sponsor a cap exempt H1B petition.

4. No, you need approval notice.

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