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H1 transfer and extension, please help.

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  • H1 transfer and extension, please help.

    Dear Sir,
    I am on H1 with a company working for 2 years. I have few questions,

    1. My petition (I-797) was approved in Oct-2005. But I went for stamping in India in Oct 2006. The visa stamp on my passport says 'valid from Sept 2006 to Oct-2008'
    So till which year I can extend my visa?
    I was told that after Stamping (and not approval) I can stay for 6 years. Please advice.

    2. I have got offer from other company.
    a. Should I wait for approval from USCIS or FedEx receipt is enough for putting my papers with current co? Even though Ihve not received proper approval from USCIS, I hope current co can not cancel my H1.

    b. The new co is asking me to look for lawyer and do H1 transfer paperwork. They will then forward the request to USCIS. Is it fine if I get a lawyer to do the paperwork or emplyer has to do it?

    Please advice. Appreciate your replies.
    Thanks in advance.

    -Pam

  • #2
    The total period that you were in H1 status inside US counts. If your H1 was approved as a COS, the clock starts from day 1.

    Fedex receipt is fine to start employment if you were in status and have maintained status without any break earlier. You can bear the lawyer fees if you want to.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks Sir,

      In addition to the query,
      My H1 expires this Oct, 2008. Can I apply for extension along with H1 transfer?
      Is there additional fees for extension?
      Can you suggest any good Lawyer I can reach?

      Thanks again for your help.
      -Pam

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