H1 Extension

[tosaurabhgautam]

Hi H1b Gurus

Say a person comes here on h1b works for a company for almost 2 years and then gets his h1 transferred to another company and starts to work for that company. The old h1b petition is still valid for the next few months and has not been cancelled. Is it possible for the old company to file an extension even though the employee is not working for them. The employee has been in status throughout.

Thanks in Advance.
Gaurav

[txh1b]

Possible. Each H1b (extension/transfer) is an independent h1b of it's own. The employer has to file for an extension as if you were going to move back to them. But it does seem like there is something amiss here.

H1b processing requires a job offer and without one, it might be fraud to process a H1b. Your case does seem to fit in this.

[tosaurabhgautam]

Hi Txh1b,

Thanks a lot for your prompt reply. Really appreciate it. I have talked to my old company and they want me back. So Should I ask them to give me a new job offer? I don't want to be part of any fraudulent activities. Moreover, That's a staffing company, so will there be any problem in extension.

Thanks and Regards,
Gaurav

[txh1b]

They can file for your H1b transfer/extension and hire you back following the general procedure if they have a job offer and a project for you. USCIS will ask for a work order/project details. Better if that is supplied along with the filing.