Apply transfer after H1 expiry date

[rww968]

Hi ,
I am currently in US on H1B which going to expiry in May2008 end (my total stay in US as of now is 1.5 years on H1 only). Current employer 'A' is not able to extent this Visa. I may go back to India by month end.

1. Can I get a H1 transfer after expiry date of Visa or it will a new H1?

2. In case I prefer to transfer to compay 'B' before expiry date and get stamp for company 'B' and come back to US.

3. Last question Can I process the H1 transfer for two compnaies at same time say to company 'B' and compay 'C'.

Thanks for helping.
A.

[DMX17]

Read these first..

https://www.immihelp.com/h1b-visa-general-faq/

https://www.immihelp.com/h1-visa-transfer-faq/

Yes is the answer to most of your questions. A Visa is valid to be used for any employer till it expires.

[rww968]

Thanks very much for your reply. I read the FAQs. One clarification I need. If my visa expries that was applied by company 'A' and if my new employer 'B' applies the H1B visa, will it be out of cap and it can be applied any time during year?

[txh1b]

If you have been counted against the cap earlier and have not used up the 6 years, it will be not be subject to cap.

[rww968]

Thanks again for quick reply,....So H1 can be anytime during the year in this case.

[txh1b]

Thanks again for quick reply,....So H1 can be anytime during the year in this case.

You mean a transfer or an extension, right?

[rww968]

I mean if I apply H1 after expiry, it will be new H1 correct and it can be applied any time during the year

[txh1b]

I mean if I apply H1 after expiry, it will be new H1 correct and it can be applied any time during the year

You need to explain what you mean by H1 expiry in detail? Is it the visa or the I797 or the I-94 or 6 year term. There are plenty of things that can be associated with it.

[rww968]

My Visa I-94 as well I797 is expirying. I have just completed 1.5 year overall in US.

[txh1b]

My Visa I-94 as well I797 is expirying. I have just completed 1.5 year overall in US.

In that case, if you intend to stay and work in the US, your extension for H1b transfer has to be filed before the expiry of your I-94. You will not be subject to cap on these petitions.

[rww968]

My I797 and I-94 both expirying in May 2008 and I have to go back to India for couple of month for personal work.
I have not transfer or extension done yet.

So in this case can I re-apply H1B with employer other than I am working currently. Will it be possible?

Or please suggest me best case scenario for me.

Thanks very much for all helps,
Rajeev

[txh1b]

Time and again you have been told that it is possible to do that. You can transfer to a different company or extend with your current company while outside the US as well. You just have to wait till the petition is approved to travel back and may be get a visa stamp if that expired as well.

A reading of the FAQs here is suggested.

https://www.immihelp.com/h1-visa-faq/

Also, consult an attorney and that might boost your confidence in the free answers from the forum.