H1 transfer to new employer on I-140 after 6 years and possible out of status

[SV0312]

Hi All,

I am on H1B with Company A which is expiring on Aug 20, 2013 (6 years are complete after reclaiming the lapse times). My Greencard is in process and I have a copy of approved I-140.

My project with my employer's client is ending soon and no new project is in sight. So my employer is struggling to file for my visa extension as I will not be on a project and will not have any client letter.

In the meantime, I have got an offer from Company B (a big bank in US, and not a consulting firm). But their attorney says that filing for my H1B transfer is not possible in such a short time as my visa is expiring in another 3 weeks and many formalities are yet to be completed.

Please let me know: if Company B is not able to file for my visa transfer / extension (based on my approved I-140) before my visa expiry date, what are the options available to me to still work for Company B.

1. Can my new Employer Company B file for the transfer even after my visa expiry date?
2. Or will they have to file for a new H1? If yes, will it come under the yearly cap?
3. Are there any other options available to start working with this new employer?


[Note: My current employer will anyways be filing for my visa extension, which in all probability will end up in denial, so my hopes are now pinned on the offer from Company B.]

[lisaanderson]

Hi All,

I am on H1B with Company A which is expiring on Aug 20, 2013 (6 years are complete after reclaiming the lapse times). My Greencard is in process and I have a copy of approved I-140.

My project with my employer's client is ending soon and no new project is in sight. So my employer is struggling to file for my visa extension as I will not be on a project and will not have any client letter.

In the meantime, I have got an offer from Company B (a big bank in US, and not a consulting firm). But their attorney says that filing for my H1B transfer is not possible in such a short time as my visa is expiring in another 3 weeks and many formalities are yet to be completed.

Please let me know: if Company B is not able to file for my visa transfer / extension (based on my approved I-140) before my visa expiry date, what are the options available to me to still work for Company B.

1. Can my new Employer Company B file for the transfer even after my visa expiry date?
2. Or will they have to file for a new H1? If yes, will it come under the yearly cap?
3. Are there any other options available to start working with this new employer?


[Note: My current employer will anyways be filing for my visa extension, which in all probability will end up in denial, so my hopes are now pinned on the offer from Company B.]

1. Technically, yes but then it would not be a transfer with an extension. It would be a transfer with a request for consular processing. You would need to leave US before your visa ended and then when H-1B was approved, you would get an H-1B visa stamp at the consulate and return.

If however, Company A does file an extension, then Company B can file a regular transfer as long as it is filed before the first one is denied. See if you can at least get a client letter even just for a few months to cover you. Technically, you can begin working with comp B as soon as transfer is filed but each company has their own rules of when you can start.

2. You don’t have to go through cap again. See 1.
3. That’s up to your new employer. Regardless of what ideas you try to come up with, if Company B is a big bank, they have a big immigration lawyer. The bank will only do what the lawyer says to do.

[luckyraj]

Hi All,

I am on H1B with Company A which is expiring on Aug 20, 2013 (6 years are complete after reclaiming the lapse times). My Greencard is in process and I have a copy of approved I-140.

My project with my employer's client is ending soon and no new project is in sight. So my employer is struggling to file for my visa extension as I will not be on a project and will not have any client letter.

In the meantime, I have got an offer from Company B (a big bank in US, and not a consulting firm). But their attorney says that filing for my H1B transfer is not possible in such a short time as my visa is expiring in another 3 weeks and many formalities are yet to be completed.

Please let me know: if Company B is not able to file for my visa transfer / extension (based on my approved I-140) before my visa expiry date, what are the options available to me to still work for Company B.

1. Can my new Employer Company B file for the transfer even after my visa expiry date?
2. Or will they have to file for a new H1? If yes, will it come under the yearly cap?
3. Are there any other options available to start working with this new employer?


[Note: My current employer will anyways be filing for my visa extension, which in all probability will end up in denial, so my hopes are now pinned on the offer from Company B.]

What is your current status, i am in similar situation, did you get approved for 3 years with your existing I-140?