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H1B transfer and extension

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  • H1B transfer and extension

    I am currently working for a company and am looking to switch to a new job in the near future. However, my H1B expires on October 1, 2013. If I transfer in the next few weeks/months, the new company will have to pay for the transfer fees, as well as the extension fees soon after. Because the transfer does not extend the H1B for another 3 years, it's just a transfer, right?

    In that case, I think that it would be wiser to switch jobs after my current company has filed for my H1B extension in April. But do I have to stay with my current company until the extension is approved and then transfer, or can I transfer jobs before the extension is approved and when it is work for the new company for 3 more years even though the extension was filed under the first company?

    Thank you!

  • #2
    What is commonly called as 'transfer' and 'extension' are both essentially the same thing, an H1 petition filed for a cap-exempt beneficiary. A maximum of 3 years can be requested for either petitions.
    So, if you find another job, the new employer can file the petition for you at any time and request 3 years.
    This is my opinion and not legal advice.

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