H1B Visa Transfer and Extension

[onlineseek]

Hi Team,

My H1B petition is valid till Nov 12th 2014 with my current employer A. I am currently looking for a new job. When my new employer does H1B transfer, will my new H1B transfer petition be valid only till Nov 12th 2014 or it can be any date depending on USCIS ? My understanding is that new employer can request for 3 years of validity and USCIS can grant up to 3 years irrespective of my current expiry date.

Is this understanding correct?

Thanks a lot for your time and help.

[raghvi]

Hi Team,

My H1B petition is valid till Nov 12th 2014 with my current employer A. I am currently looking for a new job. When my new employer does H1B transfer, will my new H1B transfer petition be valid only till Nov 12th 2014 or it can be any date depending on USCIS ? My understanding is that new employer can request for 3 years of validity and USCIS can grant up to 3 years irrespective of my current expiry date.

Is this understanding correct?

Thanks a lot for your time and help.

The new I797 would have the date as requested by the employer or 6 year minus time remaining. So for example, even if new employer requests 3 Years but your 6 Year period is getting over in 2015, you might get only till 2015.

This is my opinion not legal advice.