H1B extension and Transfer

[mtforum]

Hi Experts,
My H1B is expiring on 11th April 2011 & my current employer is in the process of filing for extension.

Q1 - If i get a new job offer, can the new employer transfer the H1B ? OR they can start the H1B transfer ONLY after the h1B extension is approved ?

Q2- Can the new employer apply for H1B transfer after 11th April 2011 ?

Q3 - If i get job offer from 2 companies, can they simultaneously start the H1B transfer ?


Thanks in Advance...

[shervin143]

Q1 - If i get a new job offer, can the new employer transfer the H1B ? OR they can start the H1B transfer ONLY after the h1B extension is approved ?
>>> They can transfer the H1B.

Q2- Can the new employer apply for H1B transfer after 11th April 2011 ?
>>> Yes. Search and read about the posts related to "Bridging" in immihelp. It is advisable to file the transfer before your I-94 expires. Bridging is always risky.

Q3 - If i get job offer from 2 companies, can they simultaneously start the H1B transfer ?
>>> Yes. But you can work for only one company unless the transfers are not filed as concurrent H1B's.

[mtforum]

Thanks. Can you let me know , what is meant by COncurrent H1B.

[shervin143]

Let us say two H1B's (by two different employer) are filed as concurrent H1Bs and if both gets approved, then you can work for both the employer at the same time. Let us say the fisrt employer files a petition with a 30 hours / week and the second employer files a concurrent petition with 20 hours / week, then you can work for both the employers and get paid from both of them. Irrespective of whether there is work or not, employer A should pay you for 30 hours / per week and employer B should pay you for 20 hours / weeks as approved by USCIS.

Thanks. Can you let me know , what is meant by COncurrent H1B.

[mtforum]

Thanks Shervin.
Can you tell me if the transfer should be filed before the visa expiry OR the I-94 expiry? my Visa expires 11th April 2011 & I-94 expires on 21st April 2011.

Is there any risk in Bridging ? Pls advise.

[shervin143]

Transfer should be filed before your I-94 expiry date. USCIS recommends that you file the extension at least 45 days before the I-94 expiry date.

There are risks with bridging, because if the petition with Company A gets rejected, then automatically the petition with company B will also get rejected as it is filed as a bridge from petition A. Like mentioned in my previous post, search and read about posts related to bridging.

Thanks Shervin.
Can you tell me if the transfer should be filed before the visa expiry OR the I-94 expiry? my Visa expires 11th April 2011 & I-94 expires on 21st April 2011.

Is there any risk in Bridging ? Pls advise.

[mtforum]

Shervin,
WHat will happen if the new company applies the H1 transfer in premium processing but the current company applies extension in normal processing.

Thanks!