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  • H1B Extension and Transfer

    I have query.

    I am working for company A , My H1b Visa is valid till Sep 2015 . They have started H1b Extension process. They have not filed yet. I need to share some documents like I-539 and G-28.

    Meantime I got offer from Company B , They have filed H1B Transfer this week. I am waiting for reciept Number.

    Best option is do not file extension from company A.

    Now I have question

    1) Can i file extension from company A also , (I haven't put down paper yet).

    2) Do i need to get approval of extension from Comapny A, then only i can join Company B ? Is it ok to have Extension and Transfer process are done simultaneously from 2 differennt companies.

  • #2
    Originally posted by jamesbond1983 View Post
    I have query.

    I am working for company A , My H1b Visa is valid till Sep 2015 . They have started H1b Extension process. They have not filed yet. I need to share some documents like I-539 and G-28.

    Meantime I got offer from Company B , They have filed H1B Transfer this week. I am waiting for reciept Number.

    Best option is do not file extension from company A.

    Now I have question

    1) Can i file extension from company A also , (I haven't put down paper yet). -- Yes, your employer can file an extension for you. But since it will be a cost to them and you are leaving them, you can delay it a little until you get your transfer approved. This way you can save them some money and keep good relations with them.

    2) Do i need to get approval of extension from Comapny A, then only i can join Company B ? Is it ok to have Extension and Transfer process are done simultaneously from 2 differennt companies. -- Since your I-94 was valid on the filing date of transfer, the transfer will be approved with a new I-94. Extension is only necessary if your I-94 has expired.
    See above. Ask B to file in premium so that you iwll receive a decision soon and then you can join B.
    This is my opinion and not legal advice.

    Comment


    • #3
      h1b Transfer/H1b extension

      Thanks,

      Yes B has filed H1b Transfer in premium process.

      My question is H1b Transfer Process from B is going on.. I want company A should also file for H1B extension
      Is there any harm in it ?

      Do i need to wait for Extension from Company A should be approved before i Join B ? i want Company A to spent some money.. or even in future if i want to join again A , then i can join ?

      Comment


      • #4
        Yes, the extension will have no effect on the transfer.

        If you leave A, A will have to withdraw their petition, so in future if you want to join A, they will again have to file a petition. So filing an extension unnecessarily makes no sense.
        This is my opinion and not legal advice.

        Comment

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