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h1B extension and transfer same time

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  • h1B extension and transfer same time

    Hi,
    I am currently working on company A and they currently file a H1B extension for me.
    On the other hand, I got a good offer from company B and plan to join them thru h1B transfer.

    I have 3 questions:

    a) Is it possible legally to file a H1B transfer while there is an extension pending (I received my receipt that INS received my extension documents on November 8, 2005 and waiting for the final answer for that extension)?

    b) If transferred, should I pay the extension fee company A paid to INS back to company A? Please enlighten me about the extension fees (as I am suspicious they might ask it back and I wanna know how much I should pay back). As a part of that, say, my transfer will be a premium process to company B. And say, that transfer process is approved before the extension will be approved. Do you think that I should still pay the company A the extension fees back if I will contact INS to cancel my extension request (as far as I can see on INS website that is still under process)?

    c) This one is a more technical question: My visa stamp on my passport expires for Company A on February 15, 2006. My extension filing was received on November 8, 2005 by INS. I checked on INS website that renewals usually take around 90-120 days. In case my transfer to Company B won't work out, if my extension will come after the date on my visa stamp (which is February 15, 2006), can I still work for company A until my renewal comes? I already got the receipt and WAC number from INS that they received my filing for extension. On the same frame, would INS accept my H1B transfer request thru company B if that day of February 15, 2006 (the end date for my first H1B) already passed? Can INS see that I have an extension request pending from company A?

    Please help as soon as possible, I will immensely appreciate it.

    Altun
    Last edited by KillBill; 01-19-2006, 09:15 PM.

  • #2
    transfer issue

    hi

    ur case looks complicated. you can definately apply for transfer of H1B while an extension is pending. Reg com A claiming money from u is not authorized by law. onlt the H1B employer has to pay the fee for filing H1B's extending etc. You need not pay him anything the only thing that can happen is that he may not give u your work exp letter. which will be useful for you in the future.

    [email protected]

    Not Legal Advice!

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