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Years of extension for h1 transfer in 7th year

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  • Years of extension for h1 transfer in 7th year

    I am currently in 7th year of my H1-B (with company A), which will expire on SEP,20,2013. [1stH1B: Sep04-07, 2ndH1B: Sep07-10]
    I also have an approved I140 [approved more than 3 year ago] from Green Card application filed on EB2 [PD June 07 and not current]
    I am planning on joining company B in Feb/March of 2012.

    Here is my Question
    When company B, files for H1B transfer in Feb/Mar 2012 (I heard that even though word 'transfer' is used, it's more like a new H1B application), and if it gets
    approved, I will get a new I797 (H1_approval). Will this new I797 have validity of 3 MORE years [until Feb/Mar 2015] or will it expire like my current H1B expiration date in Sep 2013

  • #2
    I am currently in 7th year of my H1-B (with company A), which will expire on SEP,20,2013. [1stH1B: Sep04-07, 2ndH1B: Sep07-10]
    I also have an approved I140 [approved more than 3 year ago] from Green Card application filed on EB2 [PD June 07 and not current]
    I am planning on joining company B in Feb/March of 2012.
    >>> Are you sure it is filed in EB2? If yes, then your PD is current.

    Here is my Question
    When company B, files for H1B transfer in Feb/Mar 2012 (I heard that even though word 'transfer' is used, it's more like a new H1B application), and if it gets
    approved, I will get a new I797 (H1_approval). Will this new I797 have validity of 3 MORE years [until Feb/Mar 2015] or will it expire like my current H1B expiration date in Sep 2013
    >>> Based on the approved I-140 (If the I-140 is currently valid and has not been revoked by the employer), the new employer can request a 3 year extension. However, whether USCIS will grant 3 years or not is nobody's guess. These days they approve the petitionh only for the duration of the project shown by the employer.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      THANKS SHERVIN143
      >>> Are you sure it is filed in EB2? If yes, then your PD is current.
      ###Sorry, TYPO. Actually, It is filed in EB3 category.

      >>> Based on the approved I-140 (If the I-140 is currently valid and has not been revoked by the employer), the new employer can request a 3 year extension. However, whether USCIS will grant 3 years or not is nobody's guess. These days they approve the petitionh only for the duration of the project shown by the employer.
      ###The employer will try to show the requitement for 3 years. However, say, if they approve for just 1 year or until SEP 2013, AND my currrent employer revokes the I140 after my H1 transfer, come renewal time around SEP 2013, my new I140 might not have been applied for > 1 year and i might not be able to renew the H1 anymore.
      Is this a valid concern ?
      Last edited by vishalshah; 12-23-2011, 05:09 PM. Reason: updated

      Comment


      • #4
        It is a valid concern. Do not join the new employer until you get the approval notice in hand (Joining with a receipt notice is big risk). Don't join them unless the transfer gets approved for more than 1.5 years (enough time to file a new PERM).
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          That was a quick reply! THANKS AGAIN SHERVIN.

          >>>Don't join them unless the transfer gets approved for more than 1.5 years (enough time to file a new PERM).
          ### That is good advice and i'll definitely do that.

          >>>Do not join the new employer until you get the approval notice in hand (Joining with a receipt notice is big risk).
          ### You are talking about the H1B approval (I797A approval) here right ?

          Comment


          • #6
            ### You are talking about the H1B approval (I797A approval) here right ?[/QUOTE]
            >>> Yes.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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