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H1 Tranfer Query pls suggest----urgent

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  • H1 Tranfer Query pls suggest----urgent

    I working for company A from 2013 Jan and my visa with company A is valid till 2015.., Now I want to transfer my visa to Company B I have got the below queries please suggest asap.

    1)When I apply transfer of visa can I apply for more three years..? or can i apply only 2015...?

    2)If for some reason I got RFE or if my visa is rejected for while i am transferring to company B,still can I work for company A with out any problem...?


    Pls help

  • #2
    Originally posted by jamesreuben72 View Post
    I working for company A from 2013 Jan and my visa with company A is valid till 2015.., Now I want to transfer my visa to Company B I have got the below queries please suggest asap.

    1)When I apply transfer of visa can I apply for more three years..? or can i apply only 2015...?

    2)If for some reason I got RFE or if my visa is rejected for while i am transferring to company B,still can I work for company A with out any problem...?


    Pls help
    1. Technically its not you who files for a "transfer". The next employer B would file a new H1B cap exempt petition for you. Depending upon the duration they request and they have the ability to demonstrate work and pay for you will the petition be approved. Max would be for 3 Years if the employer can show that they have work for you and can pay till then.
    2. Yes as long as your I-94 with company A is valid. Advisable to not start working for B till the petition is approved and if possible to file the transfer in premium.

    This is my opinion not legal advice.

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