Can transfer H1B petition with expired visa in US

[Saurabh85g]

Hello,

I want to transfer my H1B petition but my Visa has expired in sep 2014, Can I transfer my petition?


Thanks,
Saurabh

[raghvi]

Hello,

I want to transfer my H1B petition but my Visa has expired in sep 2014, Can I transfer my petition?


Thanks,
Saurabh

You in US or outside US? When was petition filed? When were you last in US on H1?

[Saurabh85g]

Can transfer h1b petition with expired visa in us.

hi raghvi,

I am in Usa and currently on h1b and my I-94 will expire in June 2015. My last petition was filed on June 2014. My visa has expired on sep 2014.

[raghvi]

hi raghvi,

I am in Usa and currently on h1b and my I-94 will expire in June 2015. My last petition was filed on June 2014. My visa has expired on sep 2014.

Thanks
Saurabh

Any particular reason why your Visa expiry was Sep 2014? Was it because the previous petition expired Sep 2014 when you went for the visa interview and you got an extended petition within US till June 2015?

You potentially can file for an extension if you have not exhausted your 6 Year H1 limit.

This is my opinion not legal advice.

[Saurabh85g]

Can transfer H1B petition with expired visa in US

Hi Raghvi,

thanks for your answer.

Actually my first H1B petition was till sep 2014, that 's why I have the same date on my VISA when I enter in USA.
After that I have transfer my H1B in Dec 2013 firstly then again transfer in July 2014 which will expire in June 2015.

So can I transfer/extend my H1B with expired visa?

[raghvi]

Hi Raghvi,

thanks for your answer.

Actually my first H1B petition was till sep 2014, that 's why I have the same date on my VISA when I enter in USA.
After that I have transfer my H1B in Dec 2013 firstly then again transfer in July 2014 which will expire in June 2015.

So can I transfer/extend my H1B with expired visa?

As I said earlier, if you have not spent 6 Years on H1 then yes it is possible.

A H1 petition can be extended till 6 Years is exhausted on H1. To put in different words, what determines the eligibility is that time is remaining on H1, and you are in valid status, and there is an employer willing to petition for you.

This is my opinion not legal advice.