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  • H1 Transfer

    Hi,

    My H1-B visa got approved for employer A in Oct 2007. Went to for stamping in Nov 2007 and got visa till Sep 2010 and started working for Employer A from Nov -2007 - Mar 2009. In Mar 2009 Employer B transfered my visa. Went for Stamping in Feb 2010 and got visa till Mar 2012 and started working for Employer B till date. And now, Employer B wants to extend my visa and it is in process and progress. i want to know if Employer B applys for extension , how many more years of Visa i will get. 3 yrs or 1more yr ( since i got my first H1-B in 2007, 6 yrs means 2007 -2013).

    Its given in the H1-B transfer link that, H1-B transfer is nothing but new application for H1-B (Which means 6 yrs can from transfer right) , in my case for Employer B ,my H1-B should be from (2009 - 2015)

    My Green card process is not yet started but eventually after my extenstion it will get started.

    Thanks!

  • #2
    You will get 6 year minus whatever time you have already spend in U.S in H1B status (irrespective of the employers). In order to get the 7th year extension, your PERM (G.C) should have been filed 365 days prior to your 6th year end. Otherwise after completion of the 6th year, you need to stay out of U.S for 1 whole year to get a fresh 6 year term in H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      H1B Employer Change

      I have a valid H1-B stamped from my company A since more than 6 Months and now I am planning to move over to a company B. In this case can my current company revoke my H1-B status ? If not revoked what is the procedure to use the same H1-B in company B. I am in India and have never traveled on my H1B.

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      • #4
        You do not hold any status when you are outside U.S. Your current company can revoke their H1B petition and not the visa. If you do not have plans to work for your current employer in U.S in H1B status, then it doesn't matter whether they are revoking the petition or not. Even if the petition is revoked, you can still use the CAP from that petition. Any employer can file a new H1B petition using the CAP from the previous approval notiec and request an immediate start date without having to go through the quota again. Give a copy of the existing approval notice to your new H1B sponsor and they will be able to take care of it. When the new petition gets approved and if your H1B visa from the current employer is valid at that time, you can use that to travel to U.S.

        Originally posted by MynameisAB View Post
        I have a valid H1-B stamped from my company A since more than 6 Months and now I am planning to move over to a company B. In this case can my current company revoke my H1-B status ? If not revoked what is the procedure to use the same H1-B in company B. I am in India and have never traveled on my H1B.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks for the reply !!

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