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H-1 B Transfer when just 4 months remain for I94 expiry

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  • H-1 B Transfer when just 4 months remain for I94 expiry

    Hi,

    I have another question regarding H1 extension and transfer. I have just 5 months left for my next visa extension. My Visa has still got 3 years left on it. Right now I am with Employer A (which hasnt filed for my extension yet). I am thinking of switching jobs in another month ( I have no offer and just one interview is scheduled).

    Do you think, just 4 months remaining for next extension will prove to be an obstacle in me finding the new job? I mean are the employers reluctant to hire people for whom they have to file extension immidiately after hiring them?

    I know it depends on the firm and the person but just wanted to ask whether this usually happens?

    Thanks
    Vijay

  • #2
    I think you are confused about the way extension works. When you move to a new employer, the petition (even if transfer) is considered a new petition that is approvable to a maximum of 3 years and will not be for just 4 months.

    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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    • #3
      New employer can request 3 years if 3 years remain in the 6 year limit.
      This is my opinion and not legal advice.

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      • #4
        Originally posted by txh1b View Post
        I think you are confused about the way extension works. When you move to a new employer, the petition (even if transfer) is considered a new petition that is approvable to a maximum of 3 years and will not be for just 4 months.
        Oh Ok... That was indeed a new information for me... Thanks a lot for clearing this... You have been of great help to me txh1b!

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        • #5
          Thanks

          Originally posted by kabkaba View Post
          New employer can request 3 years if 3 years remain in the 6 year limit.
          Thank you kabkaba

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          • #6
            Well, the employer should be able tp provide the work itinerary for the next 3 years to get a three year extension. If the employer is able to provide work itinerary only for 1 year, then the extension will be granted for only 1 year. USCIS doesn't blindly approve a 3 year extension.
            Not a legal advice. Use of this information is strictly at your own risk.

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