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  • H1b transfer and extension queries

    I am a permenant employee with an Indian Company A and they have sent me to work on site at the client company B in US.
    The contract between A and B will be over by Oct 2014. But my visa will expire by July 2014.
    I understand that I need to apply for Visa extension almost 3 months before expiry, to be on safe side.

    1) If company B do not further extend the project after Oct, will my visa extension be limited only for remaining 3 months of current contract?
    2) Can I apply for a Visa transfer to a company C if I get a new offer, while the extension with Company A is already in progress. Will A come to know about it?
    3) If I transfer visa to the new company C now, does it automatically include Visa extension also ? Or is it a separate process.
    4) Will I be on status if company C INITIATES Visa transfer for me any time before before July 2014(visa expiration).

    Please help me with answers. Thanking you in Advance.

  • #2
    Originally posted by sarahj View Post
    I am a permenant employee with an Indian Company A and they have sent me to work on site at the client company B in US.
    The contract between A and B will be over by Oct 2014. But my visa will expire by July 2014.
    I understand that I need to apply for Visa extension almost 3 months before expiry, to be on safe side.

    1) If company B do not further extend the project after Oct, will my visa extension be limited only for remaining 3 months of current contract?
    2) Can I apply for a Visa transfer to a company C if I get a new offer, while the extension with Company A is already in progress. Will A come to know about it?
    3) If I transfer visa to the new company C now, does it automatically include Visa extension also ? Or is it a separate process.
    4) Will I be on status if company C INITIATES Visa transfer for me any time before before July 2014(visa expiration).

    Please help me with answers. Thanking you in Advance.
    When is your I-94 expiring?

    Comment


    • #3
      Originally posted by raghvi View Post
      When is your I-94 expiring?
      Hi Raghvi,

      its expiring on 28th July 2014.

      Thankyou

      Comment


      • #4
        I94 will expire on 28th july 2014.

        Hi Raghvi,its expiring on 28th July 2014. kindly reply to my queries. its quite urgent.Thankyou

        Comment


        • #5
          You have to apply for extension before 28th July 2014. Now during extension request, USCIS might ask to see the end client contract agreements and if they dont see a valid justification for you to stay beyond July 2014 or beyond they may deny the extension.Its possible they may give extension only till Oct 2014 as that's the letter your employer may be able to produce as client agreement.
          In any case, if you see that there is very little or no chance of the contract getting extended beyond Oct 2014, I would suggest you also find another employer who can file a transfer of your H1.

          1. As explained above, you may or may not get extension upto Oct 2014.
          2. Yes you can. Company A will not know about it unless you or company C tells them.
          3. Yes typically it does, Again it depends if company C can show work for you beyond July 2014 and till when. Company C might also be asked to show proof of end client letters if they are sub contracting you elsewhere.
          4. Yes. You go out of status if you stop getting paid, you become illegal if your I-94 has expired and you dont have a pending extension request. If you go out of status or become illegal it will not be possible to apply and get approval for a transfer while staying in US.

          One thing to note is that if you apply for transfer after 28-July-2014 then the transfer approval will depend upon you first getting an extension on Company A's petition.

          This is my opinion not legal advice.

          Comment


          • #6
            H1B transfer query

            Dear all,

            I've recently got a H1B Visa from my company with a validity till 2016. Now, I am planning to switch to another company. Will the H1B visa I received from my company be invalid once I switch to another company? Or Will I have an option to transfer my Visa to my new employer? The employers I am discussing about are Indian. I am working in India and I didn't work in the US earlier.

            One of my seniors working in US has suggested me to come over to US through the current employer and then switch to another organization. But, I've got to hear different views from different people.

            Please advise.

            Thanking you,
            Hari.

            Comment


            • #7
              Originally posted by dummrocks View Post
              Dear all,

              I've recently got a H1B Visa from my company with a validity till 2016. Now, I am planning to switch to another company. Will the H1B visa I received from my company be invalid once I switch to another company? Or Will I have an option to transfer my Visa to my new employer? The employers I am discussing about are Indian. I am working in India and I didn't work in the US earlier.

              One of my seniors working in US has suggested me to come over to US through the current employer and then switch to another organization. But, I've got to hear different views from different people.

              Please advise.

              Thanking you,
              Hari.
              Please dont hijack an existing thread. Post question in new one.

              Comment


              • #8
                Originally posted by raghvi View Post
                Please dont hijack an existing thread. Post question in new one.
                Apologies. I am new to the forum. I thought it is a common thread. Thanks for letting me know the procedure.

                Comment

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