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H1b extension and transfer question

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  • H1b extension and transfer question

    Hi All,
    I have the following doubts which is eating my head off late...

    1. If I apply for a H1B transfer and if it gets rejected, will my original H1B visa also get canceled? I read the following line in a website's H1B transfer FAQ.

    " * If H-1B visa transfer is not approved, your original H-1B visa will be lost. So, it is recommended to complete the visa transfer before entering into the new job. "

    I am planning to transfer my H1B and do not want to mess up if the above statement is true.

    2. Also, my I797 expires next year. If I apply for a transfer now, will the I797 validity be the same (next year) or will it have a fresh 3 year term? (I am still within the first 3 years term)

    3. How are extensions these days? They say they do not give a full 3 year extension and only give to the number of months mentioned in the client letter?

    I Highly appreciate an early reply and thank you guys in advance. This community is very helpful..

    Sridhar..

  • #2
    1. If I apply for a H1B transfer and if it gets rejected, will my original H1B visa also get canceled? I read the following line in a website's H1B transfer FAQ.

    " * If H-1B visa transfer is not approved, your original H-1B visa will be lost. So, it is recommended to complete the visa transfer before entering into the new job. "

    I am planning to transfer my H1B and do not want to mess up if the above statement is true.

    >>> If the transfer gets denied, you can still continue working for the current employer. The only thing that you need to take care of is, not to take the risk of joining the new employer until the transfer gets approved. If the transfer gets denied and if the current employer revokes your petition (since you left them) then you are in trouble.

    2. Also, my I797 expires next year. If I apply for a transfer now, will the I797 validity be the same (next year) or will it have a fresh 3 year term? (I am still within the first 3 years term)
    >>> This will be as per the project itinerary (client letter etc) provided by the employer.

    3. How are extensions these days? They say they do not give a full 3 year extension and only give to the number of months mentioned in the client letter?
    >>> Read the answer to question 2.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks

      Thank you shervin

      Comment

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