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  • H1B visa

    Hi ,

    My H1 visa expiry - Dec 2011
    H1 petition expiry - Oct 2011
    I 94 expiry - Oct 2011

    Do I need to apply for H1b extension by Oct 2011 itself ?

    Can I also opt for H1b transfer at same time ?

    If I opt for H1b transfer now itself and If the new petition is approved for 3 more years , then can I work in US for 3 more years though my H1 visa stamp is only valid till Dec 2011 ?

    Thanks

  • #2
    Visa is just an entry document to U.S. Once you are inside the country, your I-94 will determine when your status will expire. Your application to extend the H1B status or the transfer should be filed before your I-94 expires. Extension can be filed 6 months prior to the I-94 expiry date. Transfer will come with a new I-94.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Got it ..

      So If I go back to India for vacation after visa stamp is expired , do I need to go for visa stamping again ?

      What is the possibility of visa approval if I change jobs at regular intervals ?
      Do visa officer asks for the reason of changing the jobs at regular intervals ?

      Thanks

      Comment


      • #4
        So If I go back to India for vacation after visa stamp is expired , do I need to go for visa stamping again ?
        >>> You need a valid visa to enter U.S. If you don't have a valid H1B stamped on the date of your return, then of course you need to get it stamped.

        What is the possibility of visa approval if I change jobs at regular intervals ?
        >>> It is hard to answer hypothetical questions.

        Do visa officer asks for the reason of changing the jobs at regular intervals ?
        >>> They can.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          So it is not advisable to change jobs at regular intervals ?

          Comment


          • #6
            Define "regular intervals".

            Originally posted by kvarun View Post
            So it is not advisable to change jobs at regular intervals ?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              worked in company A in US for 4 months . Dec 2010 to Mar 2011(Visa stamp has company A name ).

              Then transferred my H1 and just started working with company B from past 1 month.

              company B petition validity - March 2012
              H1b visa validity - May 2012

              I want to switch the job after 6-7 months and join company C and work for 1 year and then go for H1b re stamping .

              So changing 2 companies in span of 1 year is fine ?

              Comment


              • #8
                Should not be a problem as long as your employment is legal and authorized by USCIS. If questioned (may happen in a very rare case), you should be in a position to justify why you were frequently changing your H1B sponsor.

                Originally posted by kvarun View Post
                worked in company A in US for 4 months . Dec 2010 to Mar 2011(Visa stamp has company A name ).

                Then transferred my H1 and just started working with company B from past 1 month.

                company B petition validity - March 2012
                H1b visa validity - May 2012

                I want to switch the job after 6-7 months and join company C and work for 1 year and then go for H1b re stamping .

                So changing 2 companies in span of 1 year is fine ?
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Ok .

                  company B petition validity is till March 2012.

                  So can i apply H1b transfer to join new company in December ?

                  I dont want to apply for H1b extension through company B . Would this work or I need to definetely apply for H1b extension ?

                  Thanks

                  Comment


                  • #10
                    It will work as long as your file the transfer prior to your I-94 expiry date (Application should reach USCIS before the I-94 expiry date).


                    Originally posted by kvarun View Post
                    Ok .

                    company B petition validity is till March 2012.

                    So can i apply H1b transfer to join new company in December ?

                    I dont want to apply for H1b extension through company B . Would this work or I need to definetely apply for H1b extension ?

                    Thanks
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment

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