My H1 B Transfer Challenge

[syamsankar]

Hi All,

Please help me to provide a better thoughts on the below scenario of mine.

My current H1 visa is valid till July 14th 2014 and my current employer filed an extension with USCIS as my max out date is on Aug 2016. I haven't received any audit or approval yet from USCIS and in the website it still shows as 'initial review'. Employer gave the receipt notice to me for driving license renewal purpose.

My question is,

Can I initiate an employment transfer after July 14th ? ( after my current visa expires, but I have an extension filed by current employer - I have the receipt but no approval notice )

Your advice will be greatly appreciated.

Thanks
Regards

[raghvi]

Hi All,

Please help me to provide a better thoughts on the below scenario of mine.

My current H1 visa is valid till July 14th 2014 and my current employer filed an extension with USCIS as my max out date is on Aug 2016. I haven't received any audit or approval yet from USCIS and in the website it still shows as 'initial review'. Employer gave the receipt notice to me for driving license renewal purpose.

My question is,

Can I initiate an employment transfer after July 14th ? ( after my current visa expires, but I have an extension filed by current employer - I have the receipt but no approval notice )

Your advice will be greatly appreciated.

Thanks
Regards

When is your current I-94 expiring?

If the I-94 is also expiring July 14th then if you initiate the "transfer petition" after July 14th 2014 then the next petition approval would be subject to approval of extension of current petition.

This is my opinion not legal advice.

[syamsankar]

Thanks Raghvi for your quick reply.

Yes, my I-94 is also expiring on July 14th.

If I can initiate H1 transfer and get the receipt before July 14th, ( at least by July 9th or 10th ), then will it be subjected to the approval of extension of current petition ?

Thanks
Regards

When is your current I-94 expiring?

If the I-94 is also expiring July 14th then if you initiate the "transfer petition" after July 14th 2014 then the next petition approval would be subject to approval of extension of current petition.

This is my opinion not legal advice.

[raghvi]

Thanks Raghvi for your quick reply.

Yes, my I-94 is also expiring on July 14th.

If I can initiate H1 transfer and get the receipt before July 14th, ( at least by July 9th or 10th ), then will it be subjected to the approval of extension of current petition ?

Thanks
Regards

You can try, with only a week remaining, it wont be easy to get even LCA approval by then.

This is my opinion not legal advice.

[syamsankar]

Raghvi,

My attorney told he was able to file my case today on a premium base...

One doubt....
As mentioned earlier, my current employer filed an extension petition , but I'm not sure my attorney has used that receipt number ( from the extension request receipt ) for the H1 B transfer. I have mailed him , but no reply yet.

Is it really required to use the receipt number from the extension request receipt or my current approval notice number is enough- because my visa and I 94 are valid till 14th of this month.



Thanks
Regards
Sakthi

You can try, with only a week remaining, it wont be easy to get even LCA approval by then.

This is my opinion not legal advice.

[raghvi]

I dont think the extension receipt is required.

This is my opinion not legal advice.