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H1 extension and Transfer - query

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  • H1 extension and Transfer - query

    Hi,
    My current H1 visa expires in September 2009 and I am going to India next month for two weeks.
    Is it mandatory to apply for extension before 6 months or is it just recommended? And also
    I am in the process of changing my employer and the new employer at the last minute wants to transfer before I leave.
    I told my new employer that it will be good idea to transfer after I come back as I need to schedule for the appointment
    now which I might not get. So if the new employer does not accept the delay and he does transfer and I not getting the appointment
    can I still comeback with the old visa which still has the validity ? Or Can any of you tell will there be any issues or not ?


    Thanks.

  • #2
    The earliest that one can apply is 6 months prior to expiration. So, the latest would be the last day of expiration for USCIS to get the papers for extension.

    It is recommended that a transfer or extension be filed when you are back from your trip abroaud to avoid the confusion.

    However, there are certain provisions that one can use if they travel while an extension is in progress.

    Search and read about the following threads/key words on the forum "Cronin memo", "cloning" for a better understanding.

    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.

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