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H1 Transfer during Extension in-process & just before expiry - Is it Risky?

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  • H1 Transfer during Extension in-process & just before expiry - Is it Risky?

    Hi, My complete stay in US is on H1 (no prior L1) and its already been 2 years with company A, my visa will expire in Sep-2015 and I have a offer in Company B. My current employer (company A) has already filed an extension (regular) and status of extension is "Case Received" for past 7 weeks.
    Is this risky to ask Company B to initiate H1 Transfer now or do you suggest to wait until I get my extension approved with I797B Notice in hand?

  • #2
    If Company B can file yur transfer prior to your current I-94 expiry date, then you can go for the transfer. If not, it is advisable to file it after receiving the H1B extension. Also, it is advisable to join the new employer only after receiving the transfer approval rather than joining them on the H1B receipt notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by kirankumar.k9 View Post
      Hi, My complete stay in US is on H1 (no prior L1) and its already been 2 years with company A, my visa will expire in Sep-2015 and I have a offer in Company B. My current employer (company A) has already filed an extension (regular) and status of extension is "Case Received" for past 7 weeks.
      Is this risky to ask Company B to initiate H1 Transfer now or do you suggest to wait until I get my extension approved with I797B Notice in hand?
      As long as receipt date for transfer is before your I-94 expiry, it is okay.
      This is my opinion and not legal advice.

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