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H1B extension while transfering.

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  • H1B extension while transfering.

    I decided to make a job change. I have a H1B that will have to be transferred to the new company. I first received my US visa in 2007 and it currently expires around end of this year(Nov 2013). As I understand that the time I spent outside the US(10 months plus change) could be recaptured which will give me the new expiration date of Sep 2014. My question is could that happen during the transfer OR the new company will have to file for extension to stretch it right after transferring? My new company would file for my permanent residence( green card) anyway few months after employment. So my question is can this recapture extension and transfer be done together?

    I understand H1B transfer is like applying for H1 by normal procedure without the cap restriction.

  • #2
    Yes. Technically 'transfer' is the new employer's new petition and they can request any duration up to 3 years. (only the remainder period in your case).
    This is my opinion and not legal advice.