H1 Transfer in 6th year after Labor got approved

[PR1628]

Hi, can anyone tell me is it possible to transfer my h1 from Employer A to B in the following situation.

1) Current Employer xyz applied for GC on June 2010 which falls under 6th year of my h1 visa

2) I have my I-94 till May 2011 and have another 5 months to recapture if needed.

3) My labor got approved today.

My worry is if my new employer H1B transfer delayed in turn GC from scratch will also be delayed and I would lose this 365 days concept to get my 7th year extension.

In this situation can I transfer my h1b to another company B and use the same approved labor to get my 7th year extension or should I get my 140 approved from current employer and then transfer? so that I can use the previous approved 140 PD while applying GC from new employer.

Please Advise.

[Subramanya]

Hi, can anyone tell me is it possible to transfer my h1 from Employer A to B in the following situation.

1) Current Employer xyz applied for GC on June 2010 which falls under 6th year of my h1 visa

2) I have my I-94 till May 2011 and have another 5 months to recapture if needed.

3) My labor got approved today.

My worry is if my new employer H1B transfer delayed in turn GC from scratch will also be delayed and I would lose this 365 days concept to get my 7th year extension.

In this situation can I transfer my h1b to another company B and use the same approved labor to get my 7th year extension or should I get my 140 approved from current employer and then transfer? so that I can use the previous approved 140 PD while applying GC from new employer.

---- You would be safe only when your I-140 is approved as that can be ported to the next employer thus saving you your PD and extesnion of H1 at a later time with that employer

Subramanya

[PR1628]

Subramanya,

Thank you very much for the immediate reply.

Yes, I am going apply for the 140 first and they try to transfer to another employer after it got approved.

My another question is:

If I transfer my h1 after 140 approved I would get my visa extension for 3 year or 1 year? If my H1B transfer got denied what will be my status by then

Thanks in Advance.

[Subramanya]

Thank you very much for the immediate reply.

Yes, I am going apply for the 140 first and they try to transfer to another employer after it got approved.

My another question is:

If I transfer my h1 after 140 approved I would get my visa extension for 3 year or 1 year? If my H1B transfer got denied what will be my status by then

---- Under normal circumstances you should get your H1 extended for 3 years once your I-140 is approved irrespective from which company you got your I-140 approved

---- Of course, if your H1 transfer is denied then you are out of status from the date of denial. Hope that does not happen (as we do not want to propose any failures. After all we work for success

Subramanya