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Default H1B Transfer - stuck with basic questions - nervous and hesitant

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  • Default H1B Transfer - stuck with basic questions - nervous and hesitant

    Hi All,
    I have a few basic doubts.

    1. If I apply for a H1B transfer and if it gets rejected, will my original H1B visa also get canceled? I read the following line in a website's H1B transfer FAQ.

    " * If H-1B visa transfer is not approved, your original H-1B visa will be lost. So, it is recommended to complete the visa transfer before entering into the new job. "

    I am planning to transfer my H1B and do not want to mess up if the above statement is true.

    2. Also, my I797 expires next year. If I apply for a transfer now, will the I797 validity be the same (next year) or will it have a fresh 3 year term? (I am still within the first 3 years term)

    3. How are extensions these days? They say they do not give a full 3 year extension and only give to the number of months mentioned in the client letter?

    I Highly appreciate an early reply and thank you guys in advance.

    Additionally - one unrelated question

    In USA here if I accept the employment offer letter from new company and they initiate my H1B transfer...(agreed with new company that i will join them only on successful H1b transfer and not on mere application receipt) can i still refuse to join them after H1B application gets approved?

    How does it affect my current status?

    Am i legally bound to join them?

    Do I need to reimburse their cost? if yes how much?

    Pls elaborate.

  • #2
    1. If I apply for a H1B transfer and if it gets rejected, will my original H1B visa also get canceled? I read the following line in a website's H1B transfer FAQ.

    " * If H-1B visa transfer is not approved, your original H-1B visa will be lost. So, it is recommended to complete the visa transfer before entering into the new job. "

    I am planning to transfer my H1B and do not want to mess up if the above statement is true.
    >>> Not sure where you read that. If the transfer gets rejected and if you have not joined the new employer with the receipt notice, then you can continue to work for the current employer. That is why it is important that you don't join the new employer until the transfer gets approved with a new I-94.

    2. Also, my I797 expires next year. If I apply for a transfer now, will the I797 validity be the same (next year) or will it have a fresh 3 year term? (I am still within the first 3 years term)
    >>> They don't blindly approved 3 years. Your employer should show project for 3 years for the H1B petition to get approved for 3 years. You can keep filing extensions until you reach the 6 year limit.

    3. How are extensions these days? They say they do not give a full 3 year extension and only give to the number of months mentioned in the client letter?
    >>> That is correct. Your employer need to show proper paper work to prove that they have work for you for another 3 years.

    I Highly appreciate an early reply and thank you guys in advance.

    Additionally - one unrelated question

    In USA here if I accept the employment offer letter from new company and they initiate my H1B transfer...(agreed with new company that i will join them only on successful H1b transfer and not on mere application receipt) can i still refuse to join them after H1B application gets approved?
    >>> Yes.

    How does it affect my current status?
    >>> It will affect your H1B status as long as you keep working for the current employer and get paid properly.

    Am i legally bound to join them?
    >>> No.

    Do I need to reimburse their cost? if yes how much?
    >>> These is a civil matter between you and the employer. You don't have to return anything. But just keep in mind that the company has spent enough money to initiate a transfer. What is the gain in making someone spend the money unnecessarily?
    Not a legal advice. Use of this information is strictly at your own risk.

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