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  • Visa Extension and transfer

    Hello,

    I am currently on H1B visa from employer A. Visa was issued in January2012 for one year. It will expire on 31st Jan 2013. Now I want to transfer my Visa to Employer B. I have the following questions:


    1. Do I have to go back to India and come back to US to start working with employer B? If my Visa expires in January 2013,can I continue working in US with an extended I94?

    2. Can Employer B file for a visa extension along with the Visa transfer process? If this is possible, do they have to file a separate request for this or it is automatically assumed that if a new employer is transferring the visa, the visa will be extended as per the documentation filed by the new employer?

    3. Can Employer ask me to pay for the expenses they incurred on filing my visa?

    4. My Family is still is India and they got their H4 visa done based on my H1 visa that got approved earlier this year. Their Visa is expiring in January next year. Can Employer B file for their visa extension as well when they file my Visa transfer/extension?

    Thanks in advance for your assistance.

  • #2
    Originally posted by nikhilhunk View Post
    Hello,

    I am currently on H1B visa from employer A. Visa was issued in January2012 for one year. It will expire on 31st Jan 2013. Now I want to transfer my Visa to Employer B. I have the following questions:


    1. Do I have to go back to India and come back to US to start working with employer B? If my Visa expires in January 2013,can I continue working in US with an extended I94?

    2. Can Employer B file for a visa extension along with the Visa transfer process? If this is possible, do they have to file a separate request for this or it is automatically assumed that if a new employer is transferring the visa, the visa will be extended as per the documentation filed by the new employer?

    3. Can Employer ask me to pay for the expenses they incurred on filing my visa?

    4. My Family is still is India and they got their H4 visa done based on my H1 visa that got approved earlier this year. Their Visa is expiring in January next year. Can Employer B file for their visa extension as well when they file my Visa transfer/extension?

    Thanks in advance for your assistance.

    1. Do I have to go back to India and come back to US to start working with employer B? If my Visa expires in January 2013,can I continue working in US with an extended I94?

    YES, YOU CAN CONTINUE TO WORK WITH EXTENSION

    2. Can Employer B file for a visa extension along with the Visa transfer process? If this is possible, do they have to file a separate request for this or it is automatically assumed that if a new employer is transferring the visa, the visa will be extended as per the documentation filed by the new employer?

    THERE IS ONLY H1B TRANSFER, IF YOUR STAMP IS VALID YOU DONT HAVE TO STAMP AGAIN.

    3. Can Employer ask me to pay for the expenses they incurred on filing my visa?

    NO

    4. My Family is still is India and they got their H4 visa done based on my H1 visa that got approved earlier this year. Their Visa is expiring in January next year. Can Employer B file for their visa extension as well when they file my Visa transfer/extension?

    YES, IF THEY ARE IN THE US, YOU CAN FILE FORM I-539 FOR EXTENSION ALONG WITH H1B. IF THEY ARE IN INDIA, THERE IS NO EXTENSION AND THEY HAVE TO GO TO CONSULATE.

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