H1B Extension - Possible with new employer ?

[andrewlyth]

Hi Guys,

Would very much appreciate anyone's advice / similar experience in my situation.

My fresh H1B was recently approved / issued, but only for 1 year.
This satisfies my current employer's requirement as my software implementation project is due to go-live in 11 months.

My situation is that the client on my project wants to employ me directly for 2 further years to support the software I am implementing with my current employer.

What is the best thing to do if I have this offer of employment with the client, but my present employer is unwilling to file an extension ?
Do I file both the extension / transfer with the prospective (new) employer ?

What happens if the USCIS decision is not made before my existing H1B / I-94 expires and my existing employer asks me to return to my home country ?
I presume I cannot join / work for the new employer whilst the extension / transfer is still in process ?

Many Thanks,

Andrew.

[shervin143]

See answers below.

Hi Guys,

Would very much appreciate anyone's advice / similar experience in my situation.

My fresh H1B was recently approved / issued, but only for 1 year.
This satisfies my current employer's requirement as my software implementation project is due to go-live in 11 months.

My situation is that the client on my project wants to employ me directly for 2 further years to support the software I am implementing with my current employer.

What is the best thing to do if I have this offer of employment with the client, but my present employer is unwilling to file an extension ?
Do I file both the extension / transfer with the prospective (new) employer ?

>>>> You can apply for an H1B transfer to your client. You will get the requested extension as the transfer gets approved.


What happens if the USCIS decision is not made before my existing H1B / I-94 expires and my existing employer asks me to return to my home country ?
I presume I cannot join / work for the new employer whilst the extension / transfer is still in process ?

>>>>> You can start working for the new employer immediately after you receive the receipt for the H1B transfer (No need to wait for the transfer to get approved). However, if the transfer gets denied for any given reason, then the time that you spend within the country after your I-94 expiry is considered to be illegal (Which might cause issues later). So it is advisable to file for the transfer at least 3 months in advance by normal process or do it via the premium process which will take only 15 days.

Many Thanks,

Andrew.

[andrewlyth]

H1B Extension - Possible with new employer ?

Hi Shervin,

Thank-you very much for your answer.

Judging by your response, I didn't realise that the transfer also involves a potential re-evaluation of the expiry date of my H1B ?

I thought they were two separate processes and either the current or new employer would have to also file an extension ?

Thanks

[shervin143]

They are not two separate processes. Extension need to be filed by the current employer. Transfer need to be filed by your new employer. Transfer will give you the required extension based on the project duration requested by your new employer.

Hi Shervin,

Thank-you very much for your answer.

Judging by your response, I didn't realise that the transfer also involves a potential re-evaluation of the expiry date of my H1B ?

I thought they were two separate processes and either the current or new employer would have to also file an extension ?

Thanks

[andrewlyth]

Thank a lot Shervin !