H1B Transfer + Extension

[fh03]

Hi folks,

Apologies in advance if a similar question has been previously answered.

So this is my situation -

I joined company A in 2006 and had an H1B filed for me effective July 2006 - July 2009. I also filed a PERM which was approved - though the I-140 was never filed.

In Sept 2008 I changed my job function but stayed with company A. This prompted my employers to file for a new H1B effective Sept 2008 - Sept 2011 that reflected this role change. My employer also filed a new PERM application for the new role that was rejected (likely due to some clerical error) and I'm now in the process of appealing that decision. The appeal is still pending.

Today, I'm interested in joining a different company and wanted to know what the law was in regards to extending my H1B beyond Sept 2011.

1. Can company B transfer my existing H1B over and file for the extension beyond Sept?
2. Given that I have not used up the 6 yrs due to the refiling of my H1B at role-change, can I extend for an extra year without issues?

Any advice would be highly appreciated.

Thanks in advance.

[shervin143]

H1B in total is for 6 years. Only the time spend in U.S in H1B + L1 status counts against the 6 year period. If you haven't spend all 6 years in that H1B CAP, then you can request for extension based on the pending period. For H1B beyond 6 years, you will need to submit a copy of the approved I-140 that is currently active. So Company B can file a transfer and request an extension beyond 6 th year based on the active approved I-140 from Company A.

[fh03]

Hey Shervin,

Thanks for the response.

So since I've only used up 5 yrs up until now, can company B file for the transfer and then extend up to the 6 yr CAP without requiring the approved I-140? I still havent received an approved PERM even from Company A and I would hate to have to wait until that happens before I switch to company B.

Thanks again.

[shervin143]

Yes, if you haven't used all 6 years in that CAP, then company B can definetly file the transfer and request a 1 year extension (Until the 6th year end).

[sats7]

H1 Transfer during Extension

My apologies if this question has been asked before (in all probabilities, it would have, but it would be great if someone could advice on the below)

I have applied for an H1B visa Extn, and have got the receipt number. However, its yet to be approved. Now, if i get a job opportunity during this time, can i ask my new (would-be) employer to proceed with an H1B transfer via Permium processing?

Or is this risky?

Please advice.

[shervin143]

Yes. Do you currently have a valid I-94? If not, then the transfer need to be filed a bridge to your pending extension. Search and read about the posts related to bridging in immihelp.

My apologies if this question has been asked before (in all probabilities, it would have, but it would be great if someone could advice on the below)

I have applied for an H1B visa Extn, and have got the receipt number. However, its yet to be approved. Now, if i get a job opportunity during this time, can i ask my new (would-be) employer to proceed with an H1B transfer via Permium processing?

Or is this risky?

Please advice.

[sats7]

Thanks for the response Shervin. I do not have a valid I-94, it was only till April this year.

If the company with the job offer, offers premium processing, and the current extension is under regular processing, can this cause issues w.r.t bridging?

Also, i read in some posts that bridging might warrant an out of country trip, to make the I-94 current, else there could be complications. It would be great if you could let me know more on this as well.

Thanks again
-Sats

[shervin143]

Search an read old posts related to bridging by txh1b.

http://www.immihelp.com/forum/showthread.php?t=46198

http://www.immihelp.com/forum/showthread.php?t=46467

Thanks for the response Shervin. I do not have a valid I-94, it was only till April this year.

If the company with the job offer, offers premium processing, and the current extension is under regular processing, can this cause issues w.r.t bridging?

Also, i read in some posts that bridging might warrant an out of country trip, to make the I-94 current, else there could be complications. It would be great if you could let me know more on this as well.

Thanks again
-Sats

[sats7]

Thanks a lot Shervin, it looks like its best to get the extension approved and then initiate a transfer. All other options look tricky.

Search an read old posts related to bridging by txh1b.

http://www.immihelp.com/forum/showthread.php?t=46198

http://www.immihelp.com/forum/showthread.php?t=46467

[shervin143]

Yes, that is the most advisable option. Bridging is risky.

Thanks a lot Shervin, it looks like its best to get the extension approved and then initiate a transfer. All other options look tricky.