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  • H1b visa transfer & extension

    Hello Everyone,

    My first cycle of H1b visa expires in 9 months i.e. in November'2012. Moreover, I have a new job offer and the company is ready to apply for my visa transfer. Now, I am wondering if -

    1. I can get my visa transferred over to the new employer, which might take 2-5 months and then apply for extension using premium processing? So, basically if I can use this option, I will hopefully have my visa transferred in July and I can apply for my visa extension in Aug - Oct!

    2. I read somewhere that visa transfer automatically takes care of extension! Is that a correct statement?

    3. If none of the above makes sense or are correct, should I apply for visa transfer and extension simultaneously?

    Guys, please share your thoughts, experiences and suggestions, and help me decide better! All the help is appreciated.

    Regards,

  • #2
    Technically there is no such thing as transfer. Transfer is nothing but a new H1B petition filed using the CAP from your current H1B approval notice. When a petition is filed, a max of 3 years of validity can be requested provided you still have 3 years left in your H1B 6 year period and the employer can show work itinerary for all 3 years.

    Originally posted by visa_info_visa_info View Post
    Hello Everyone,

    My first cycle of H1b visa expires in 9 months i.e. in November'2012. Moreover, I have a new job offer and the company is ready to apply for my visa transfer. Now, I am wondering if -

    1. I can get my visa transferred over to the new employer, which might take 2-5 months and then apply for extension using premium processing? So, basically if I can use this option, I will hopefully have my visa transferred in July and I can apply for my visa extension in Aug - Oct!

    2. I read somewhere that visa transfer automatically takes care of extension! Is that a correct statement?

    3. If none of the above makes sense or are correct, should I apply for visa transfer and extension simultaneously?

    Guys, please share your thoughts, experiences and suggestions, and help me decide better! All the help is appreciated.

    Regards,
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks Shervin. So, does that mean after I get my H1b visa transferred over to a new employer, I will get new approval notice and I will have to get it stamped on my trip following the receipt of approval?

      regards,

      Comment


      • #4
        You will get a new approval notice associated to the new employer after a successful transfer. But you can use any valid H1B visa (even if it is from your previous employer) along with the current employer's approval notice to re-enter U.S. No need to get the H1B visa stamped again if you already have a valid H1B visa on the day of your return.

        Originally posted by visa_info_visa_info View Post
        Thanks Shervin. So, does that mean after I get my H1b visa transferred over to a new employer, I will get new approval notice and I will have to get it stamped on my trip following the receipt of approval?

        regards,
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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