I129 Approved. Petition Expired. How to transfer

[pradeepktg]

Hi, I'm living in India. My employer processed H1B for me in 2013 and I was picked in the lottery.My previous petition was expired on 09/30/2014. I'm still with my current employer who filed H1B for me and they had provided me the receipt number (approved I129). Since my current employer is not doing good, i feel they are ok to transfer the petition. I haven't stamped yet .Please clarify my questions,

1. Since my petition is expired. Is H1B still valid? If yes, for how many years(remaining years)? Receipt Date - April 18, 2013. Notice Date - October 4, 2013.
2. How to transfer the petition?
3. What will be next step once I get the new petition from another employer?
4. How long does the transfer of petition take?

It would be great if you can answer these

[raghvi]

Hi, I'm living in India. My employer processed H1B for me in 2013 and I was picked in the lottery.My previous petition was expired on 09/30/2014. I'm still with my current employer who filed H1B for me and they had provided me the receipt number (approved I129). Since my current employer is not doing good, i feel they are ok to transfer the petition. I haven't stamped yet .Please clarify my questions,

1. Since my petition is expired. Is H1B still valid? If yes, for how many years(remaining years)? Receipt Date - April 18, 2013. Notice Date - October 4, 2013.
2. How to transfer the petition?
3. What will be next step once I get the new petition from another employer?
4. How long does the transfer of petition take?

It would be great if you can answer these

1. Petition is valid for 6 Years from approval.
2. Find an employer willing to petition for you and provide them the copy of your approval notice I797.
3. The next employer will use the current approved I797 copy and first file LCA and once LCA is approved they will file their own I129 , approval of which will get them their own I797 using which you can schedule an interview with the consulate.
4.2 weeks for LCA and 2-4 weeks for petition approval in premium, 2-4 months in normal processing if no RFE.

This is my opinion not legal advice.

[pradeepktg]

Thank you

1. Petition is valid for 6 Years from approval.
2. Find an employer willing to petition for you and provide them the copy of your approval notice I797.
3. The next employer will use the current approved I797 copy and first file LCA and once LCA is approved they will file their own I129 , approval of which will get them their own I797 using which you can schedule an interview with the consulate.
4.2 weeks for LCA and 2-4 weeks for petition approval in premium, 2-4 months in normal processing if no RFE.

This is my opinion not legal advice.

Thank you Raghvi. It is very helpful !

[pradeepktg]

Thank you

Thank you Raghvi. It is very helpful !

[pradeepktg]

New rule

Thank you Raghvi. It is very helpful!

Hi,

I'm getting some news that H1B is for lifelong? It means that if my profile got selected through the lottery and (Previously) whether I stamped or not, it is valid only for 6 years. But (Now) even after 6 years if i get some client , i don;t have to go through lottery system, just fresh petetion is enough to process the H1B. Is it true?