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Is it safe to transfer H1 when petition is vaild only for 3 months from today?

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  • Is it safe to transfer H1 when petition is vaild only for 3 months from today?

    Hi All,

    I am on H1 B with Comapny A and my current petition is valid until Feb 4th,2009(3 months 2 days from today).

    Now I got offer from Company B.

    Will there be any problem in transferring my Current H1 to Company B as My Visa is valid only till Feb 4th,2009(3 months 2

    days from today? Or should I go for extension with current employer(Company A)?

    I was told by Comapny B that Minimum of 3 months of H1 petition validity is safe for H1 transfer.

    Your help is greatly appriciated and Request you to answer me asap as time is running out and I need to inform Comp B on

    monday(03Nov2008).

    Thanks in advance.
    Best Regards,
    Prakash

  • #2
    When the new employer files for a transfer, the period of employment can be anything up to max of 3 years and not just the remaining period from your prior H1b as long as you have not completed 6 years in total.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for the reply .

      Details of my Visa :

      1) I got my H1 VISA stamped on 22nd Nov 2006

      2)I have come to US first time on 12-may-2007.As per my understanding,I think I can work for 4.5 yrs more.The current Visa is valid till Feb4th,2009

      Will there be any problem in transferring my Current H1 to Company B as My Visa is valid till Feb 4th,2009(3 months 2 days from today)

      Company B mentioned that minimum 3 months of petition validity is required and they said that they can file transfer at my own risk(meaning that if it is not approved i may have to leave US).

      My question is
      1) How many days does it take to process my transfer?
      2) If it is not approved within 3months(my validity ends 04th Feb2008) and application status is pending or under processing ,
      Can Work for Comp B after 04th Feb2008? Or do I need to leave the country?
      3)Can you plz give your advise Is it safe to go for H1 transfer now considering only 3 month validity?

      Thanks in advance

      Regards,
      Prakash

      Comment


      • #4
        Read the FAQs. You have full 6 years of H1b that can be used. You can work for he new company while the processing is going on as long as the petition was applied before the I-94 expires. Your concerns are baseless. Go for premium processing if it is making you lose your sleep and get the answer in 15 days.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Thanks very much for your reply.

          Comment


          • #6
            Hi txh1b,

            Sorry to trouble again, My last question :

            I have a query regarding the processing of H4 for my dependants.

            My dependants(my wife and daughter) went to India for vacation in and their visa is valid until Feb 4th,2009.

            They are still in India.

            1)Can I proceed and submit the documentation for the processing of my dependents along with mine (H1 transfer)?
            2)Can they return to US, while My H1 transfer is under processing before Feb 4th,2009 and can they stay after I 94 is expired(after Feb04,2009 during period when H 1 transfer is under processing)

            Thanks in advance,

            Best Regards,
            Prakash

            Comment


            • #7
              1. No because you need thier latest i-94 to extend their stay.
              2. They can return and you have to apply for their extension before the i-94 expires. Assuming all the costs involved with extensions, it would make sense for you to go with PP and your dependents travel with your approval notice so that they get their i-94 till the DOE of your new petition.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Thank you txh1b for your kind help.

                Comment

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