Question:

Is h1 extension transferable?

by  |  earlier

0 LIKES UnLike

I am on 2nd H1-B extension in my current company. I have an offer from the other company. Can I get the H1 transferred to the other company. BTW. My I-140 is not approved yet and I have not yet applied for I-485. Thanks.

 Tags:

   Report

3 ANSWERS


  1. You can have your new employer to file new H1B based on your current H1B. However, there is always chance that your original company can withdraw or revoke their I-140 petition.

    http://immigrationvoice.org/index.php


  2. Yes, you may.  The date USCIS receives your transfer application, the date you can start working for the new company.  A new filing for your greencard.  

  3. The employer applies for your visa, so it is not transferable.  If there is another company which is considering hiring you, they have to file for labor certification first, then file a new application for a new H1-b visa for you.  You are already on your second extension of H1-b, so your six years maximum are almost up.  Does your prospective employer know that you are about to hit your time limit?  Also, it takes about 6 months to get labor certification now, so the prospective employer will not be able to file a new application for you until October 2009 for the 2011 fiscal year.  

    If you leave your current employer, you must depart the US immediately at your own expense.  There is no grace period, and there is no way you can remain in the US while a new application is processed.

Question Stats

Latest activity: earlier.
This question has 3 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.