H1B extension urgent

[chen1990]

I worked for Company A and the employer filed a H-1B petition on my behalf on 2012 and i got H1-B approved till September 30th 2015. My company was taken over by Company B recently few months ago. Company B does seems to be delaying my H1-B extension paperwork. What options do I have at this point? If i get a offer from Company C do they need to apply for H1B transfer and extension? Does Company C and Company B need to file for my LCA?

[shervin143]

Yes. A new LCA need to be filed and using the approved LCA, a new H1B petition should be filed using the CAP from your previous H1B approval. Once approved, you can get the H1B visa stamped and upon approval you can travel to U.S to work for that employer.

I worked for Company A and the employer filed a H-1B petition on my behalf on 2012 and i got H1-B approved till September 30th 2015. My company was taken over by Company B recently few months ago. Company B doesn't seems to be delaying my H1-B extension paperwork. What options do I have at this point? If i get a offer from Company C do they need to apply for H1B transfer and extension? Does Company C and Company B need to file for my LCA?

[chen1990]

If company B doesn't file H1-B extension in time how much time do I have before I need to leave US? If I find another employer willing to sponsor H1B after my H1-B expires do I have to leave back to my home country and get visa stamped before returning back to US? The new H1B petition filed after my current H1-B expires will it come under previous CAP?

[shervin143]

Your extension or transfer petition should reach USCIS before the current I-94 expiry date. The receipt date of the transfer or extension should be before your current I-94 expiry date. If not, then either the petition will get denied or will get approved for consular process. In such case, any time that you spend in U.S after the current I-94 expiry date will be considered to be illegal stay and it will hamper your future petitions, visa processing and GC process. So if your employer cannot file the extension on time or if you cannot find an employer to file the transfer, then you should leave the country before the I-94 expiry date. Another employer can file the transfer even after the current petition expiry date and you won't be subjected to CAP. This can be done even when you are outside U.S. LCA approval will take about 10 days. Only after that H1B petition can be filed.

If company B doesn't file H1-B extension in time how much time do I have before I need to leave US? If I find another employer willing to sponsor H1B after my H1-B expires do I have to leave back to my home country and get visa stamped before returning back to US? The new H1B petition filed after my current H1-B expires will it come under previous CAP?