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H1B Visa transfer and extension possible?

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  • H1B Visa transfer and extension possible?

    Hello,
    I have a an offer from a Bay area based company and currently work in Boston. I am currently on H1B visa which will expire in September 2021. Is it possible for me to ask the new employer to apply for H1B extension along with visa transfer or for extension there is a rule of applying within 6 months of expiry? Due to Covid and work from home situation it will be a bit relieving to know that the H1B extension and done and not have to worry about the new employer applying for extension next year.
    Any suggestions would be highly appreciated. Happy to provide more details/ explain.
    Thank you.
    Need some urgent help as I have to give an answer to the new employer by tomorrow. Sorry for the last minute favor.
    Last edited by rushabh84; 09-20-2020, 04:48 PM.

  • #2
    If you accept the offer / decide to work for the new company, an H1 transfer must be filed & receipt obtained before you start working for them
    This process is triggered by the company's immigration / attorney's
    There is no 6 month rule here.
    Under no circumstances, can you start working for the new company unless you receive the H1 transfer receipt from them.

    Also, if you want to work from home (from boston) for the foreseeable future, the new company's offer should explicitly state that. The LCA (min salary) will then be determined based for the boston area.
    When you decide to re-locate to Boston, they need to file a new LCA
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Hi,

      I'm working for a hospital on cap-exempt H1B from April, 2018. A consulting firm applied H1B in the lottery and it got picked and approved. I have the soft copy of cap H1B approved I797 petition. It is approved from October 1, 2020 to September 30, 2021. Can I transfer the cap approved H1B petition to another private company after October 1, 2020 without working for the consulting firm who applied it even after the is expired i.e. September 30, 2021?

      Thanks in advance

      Comment


      • #4
        Originally posted by rakherockz View Post
        Hi,

        I'm working for a hospital on cap-exempt H1B from April, 2018. A consulting firm applied H1B in the lottery and it got picked and approved. I have the soft copy of cap H1B approved I797 petition. It is approved from October 1, 2020 to September 30, 2021. Can I transfer the cap approved H1B petition to another private company after October 1, 2020 without working for the consulting firm who applied it even after the is expired i.e. September 30, 2021?

        Thanks in advance
        Hi Member,

        Generally, Once you get H1B Approval then you will be eligible to transfer your H1B to any other Employer.

        Thanks

        Comment

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