Can My new company file transfer and extension of H1B same time?

[Bdey]

Hi,

Currently I'm in H1B valid till 9th Aug 2012. And have not applied for extension yet. Now I have an offer from new company. Can they apply for transfer and extension same time. or these has to be done separately? Or which way will it be best way to do it? Applying for extension from current employer and transfer later with new employer?

I would also request you to advice me to check which box if new employer is doing transfer and extension simultaneously.

Please also consider that 2012 H1B visa quota(65000) already reached this year.

Please help as soon as possible

[shervin143]

Transfer will come with an extension as per the work itinerary provided by the new employer to USCIS (anywhere between few months to 3 years). The new employer/their attorney will know how to file the transfer (Meaning, how to file form I-129).

[Bdey]

Thank you for your reply. So does that mean even though my current H1B status ending Aug 9th they can ask for extension upto three years? So it seems just one process only. Am I correct?

[shervin143]

That is correct. Petition need to be filed before your current status expires.

Thank you for your reply. So does that mean even though my current H1B status ending Aug 9th they can ask for extension upto three years? So it seems just one process only. Am I correct?