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regd H1 Transfer when only 4 months left

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  • regd H1 Transfer when only 4 months left

    Hello All,


    I have only 4 months of H1-B Visa left before my 6 years of H1-B is completed. There is an employer who still wants me to take H1 Transfer to his company and he will simultaneously do GreenCard. I just want to know can H1 Transfer first of all get approved when only 4 months is left. I also understand GreenCard is totally improbable and it only may help me later to come to US 365 days after labor gets approved. So I feel future GC is the best and not to do H1 Transfer. Can someone please advise.


    Regards,

  • #2
    Transfer is possible. You will not get the 7th year extension since the PERM was not filed 365 days ahead of the 6th yeas end. Even if the new employer starts the GC process immediately, it is highly unlikely that you will get both the PERM and I-140 approved in time to file the 7th year extension.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Transfer is possible. You will not get the 7th year extension since the PERM was not filed 365 days ahead of the 6th yeas end. Even if the new employer starts the GC process immediately, it is highly unlikely that you will get both the PERM and I-140 approved in time to file the 7th year extension.
      Thanks Shervin for confirmation. Just for my info can you please tell me for the below scenarios.


      a) I am working with employer A and if GC was applied much earlier under future GC Process with another employer B and if both the PERM and I-140 were approved before 6th year completion, than what would be the process to join B for 7th year extension. Can you please tell me the exact steps that would have been need to be done. Like a H1 Transfer with employer B as a H1 extension....I am not sure about the exact process.


      b) I am working with employer A and GC is being applied by employer B and a labor is filed in Feb 2012. I leave US in April 2012. I can comeback to US in Mar 2013, 365 days after filing labor in Feb 2012. So employer B would need to file H1 extension for me or is it H1 Transfer cum extension. I am not sure. Can you please outline the steps about the exact process.


      Regards,

      Comment


      • #4
        a) I am working with employer A and if GC was applied much earlier under future GC Process with another employer B and if both the PERM and I-140 were approved before 6th year completion, than what would be the process to join B for 7th year extension. Can you please tell me the exact steps that would have been need to be done. Like a H1 Transfer with employer B as a H1 extension....I am not sure about the exact process.
        >>> If PERM and I-140 gets approved before your 6th year end, then employer B can file a transfer attaching a copy of the I-140 approval and request an additional 3 year extension.

        b) I am working with employer A and GC is being applied by employer B and a labor is filed in Feb 2012. I leave US in April 2012. I can comeback to US in Mar 2013, 365 days after filing labor in Feb 2012. So employer B would need to file H1 extension for me or is it H1 Transfer cum extension. I am not sure. Can you please outline the steps about the exact process.
        >>> If you enter U.S after 365 days, then employer B will need to file a new H1B petition that falls under a new CAP (start date of Oct 1st or later) and you will get a fresh 6 year period. You cannot use the CAP from the previous petition (transfer) as you would have used all 6 years in that CAP.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          H1B Transfer without PG degree certificate

          I am working in USA for a company A for 1 year and I got job offer from company B, I asked company B to transfer my H1B. I have 15 years education with Bsc degree and having 5 years of IT experience.

          I have completed my MBA through distance education and I did not receive my degree certificate from university. However, I have received all my Mark sheets and Provisional certificate of MBA. But I have degree certificate of Bsc.

          Please let me know how it(without degree certificate of MBA) will be affect the H1B transfer, .Is there any chance to reject my H1B transfer.
          is my Bsc degree cerificate is enough to approve my H1B transfer.
          Please help me.

          Comment


          • #6
            Go for an education evaluation.
            https://www.immihelp.com/h1-visa-requirements/


            Originally posted by boopathykrishna View Post
            I am working in USA for a company A for 1 year and I got job offer from company B, I asked company B to transfer my H1B. I have 15 years education with Bsc degree and having 5 years of IT experience.

            I have completed my MBA through distance education and I did not receive my degree certificate from university. However, I have received all my Mark sheets and Provisional certificate of MBA. But I have degree certificate of Bsc.

            Please let me know how it(without degree certificate of MBA) will be affect the H1B transfer, .Is there any chance to reject my H1B transfer.
            is my Bsc degree cerificate is enough to approve my H1B transfer.
            Please help me.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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