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  • H1 Transfer

    My current H1 B is expiring on July 15, 2012. My Current employer has filled the extension and I got my new H1B approval. The New H1B is valid from July 12 2012 to July 11 2015. I completed my 6 years in USA and and the new H1 extension is based on my I-140.

    I am planning to change my employer in next month. Is it possible to use my new petition for the transfer? If my new employer files for H1 B transfer, can I get my H1 for 3 years? Is there any issue with that ?

  • #2
    You can file a transfer using your approved I-140 (extension beyond 6th year need a valid I-140 approval notice) and your latest H1B approval notice. The extension will not be blindly approved for 3 years. It will be as per the work itinerary provided by the new employer. If the new employer can show work only for 6 months, then that is what you will get in your transfer. It is advisable to join the new employer only after a successful transfer and only if the transfer is approved for more than a year. The new employer will need to file the PERM 365 days ahead of their petition expiry date to file further extensions.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Hello,
      Here is my situation.Any information would be greatly helpful.

      I have valid H1B visa with my ex-employer which is valid till June 2013. I resigned from my job while I was in US last year i.e July 2011 and came to UK for studies. Now, if I consider to go back to my old employer or any new employer in US, can I use my this existing H1 visa ? If I plan to join any other employer in US can my H1 visa be transferred to the new employer after not being used for an almost year?

      Is there any possibility that my ex-employer would have cancelled my visa after my resignation last year? Is there any way to check this?

      Comment


      • #4
        Visa and petition are two different things. If you are planning to work for the same employer who filed your H1B petition, then you need to check with the employer to find out if they have already revoked your petition or not. If they have revoked it, then they need to file a new petition using the CAP from your old approval notice and the new petition should get approved for you to travel to U.S to work for the employer. If they haven't revoked it and if the job still exist (without any chances including the location), the you can use the old petition to travel to U.S to work for the employer.

        If you decide to work for a new employer, then the new employer should file a H1B petition for you using the CAP from your previous approval notice. Once the petition gets approved, you can use that to travel to U.S to work for the new employer. If the old H1B visa in the passport is still valid, then you can use that to travel. No need to get the H1B visa stamped again. The CAP from your previous H1B approval notice can be used even if the previous employer has revoked that petition.


        Originally posted by onlineseek View Post
        Hello,
        Here is my situation.Any information would be greatly helpful.

        I have valid H1B visa with my ex-employer which is valid till June 2013. I resigned from my job while I was in US last year i.e July 2011 and came to UK for studies. Now, if I consider to go back to my old employer or any new employer in US, can I use my this existing H1 visa ? If I plan to join any other employer in US can my H1 visa be transferred to the new employer after not being used for an almost year?

        Is there any possibility that my ex-employer would have cancelled my visa after my resignation last year? Is there any way to check this?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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