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H1B Transfer Questions

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  • H1B Transfer Questions

    I have an approved H1B petition. But I got the petition only for 14 months i.e. it expires on end of November 2014. Also there is no project in current employer. I am planning to transfer my H1B to a new employer and travel. Now I have the following questions.

    1. If new employer transfers H1B visa is it going to automatically cancel my petition of current employer? I mean will my current employer know by any means that I am transferring my H1B to a new employer? If not, then does it mean after my successful H1B transfer I will basically have 2 approved petitions(one from current employer and one from new employer) and I can choose any of them for stamping?

    2. If I transfer my H1B and if the petition gets approved then can the new petition be of 3 years validity provided in the document we properly justify my job duration for 3 years? Or my transferred H1B petition will also have same expiry date i.e. November 2014 since my current employer's petition expires on November 2014?

    Kindly help.

  • #2
    H1B Transfer Questions

    1. Your employer doesn't know. You can have more than one petition at a time. 2, It depends on how your employer preswnt your case to USCIS.
    This is my opinion and not legal advice.

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