H1B - Two questions

[[email protected]]

I have two questions

I have H1B petition and visa from company X valid until 30-Sep-2013.

1.If I travel to India . Can my current employer X extend while I am in India?
2.Can any other company Y make transfer of my H1B to them before or after petition validity?

Please help.
Please reply

[[email protected]]

I have two questions

I have H1B petition and visa from company X valid until 30-Sep-2013.

1.If I travel to India . Can my current employer X extend while I am in India?
2.Can any other company Y make transfer of my H1B to them before or after petition validity?

Please help.
Please reply

Somebody please reply

[binoca82]

1. No, extension is possible only if you are in US. If visa and petition is expired while you are out of US, your employer can process new petition.
2. Yes.

[[email protected]]

1. No, extension is possible only if you are in US. If visa and petition is expired while you are out of US, your employer can process new petition.
2. Yes.

Thanks

Can the company Y make transfer after petition expiry even if I am outside US ?

[kabkaba]

The above reply is not clear.

Your current employer will have to file a new petition, but that petition will not be counted under annual cap if you have not used the entire 6 years. The same goes with transfer. Basically, both 'transfer' and 'extension' are just petitions filed by different or current employers that don't fall under cap. So the short answer to both the questions is yes.

[[email protected]]

The above reply is not clear.

Your current employer will have to file a new petition, but that petition will not be counted under annual cap if you have not used the entire 6 years. The same goes with transfer. Basically, both 'transfer' and 'extension' are just petitions filed by different or current employers that don't fall under cap. So the short answer to both the questions is yes.

Kabkaba
thanks for your reply. You hit the nail straight on the head.