H1B transfer and extension at the same time

[raunakgulshan]

Hi,

I am on H1B currently and the visa is expiring in September 2016.

I have an offer from a new company and they mentioned that they will file for the extension and transfer at the same time.

However, given that they are filing for the transfer (and extension) in December 2015, the 3 year extension will make the visa valid till December 2018.

Whereas 3 years from the current expiry date will be September 2019.

Am I not losing ~9 months in this deal?

Please advise and help.

Thanks!

[raghvi]

Hi,

I am on H1B currently and the visa is expiring in September 2016.

I have an offer from a new company and they mentioned that they will file for the extension and transfer at the same time.

However, given that they are filing for the transfer (and extension) in December 2015, the 3 year extension will make the visa valid till December 2018.

Whereas 3 years from the current expiry date will be September 2019.

Am I not losing ~9 months in this deal?

Please advise and help.

Thanks!

Technically there nothing called a "H1 transfer". One is not actually "transferring" anything. The next employer merely files a cap exempt petition.Also, its not by default that one gets 3 Year extension. It depends upon the documentation and request of the employer. Even on a "transfer" the next employer would have to show the amount of work they have for you and based on that USCIS will take the decision to give 3 Years or less.

If you really want the petition to be extended till Sep 2019, and are sure that the next employer has work for you till Sep 2019, then you would have to wait till Sep 2016 to file for the next employer's petition.

This is my opinion not legal advice.