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H1B Transfer

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changingjobs

Junior Member
What is the name of your state? WI

Hello,

I received an offer from a company that will be transfering my current H1B visa with my current employer. I have three questions regarding the transfer:

1. I know that I can start working for the new company when USCIS receives the transfer application. if I stop working for my current company lets say on September 1st and do not start working for the new company until September 15th, will i be out of status for the 14 days?

2. My new job will require me to travel to Canada. My visa will expire in February 8, 2008. Can I travel with my old visa still even if I work for a different company if I have the transfer request receipt with me or do I need to wait for the transfer to be fully approved before I can do that?

3. Can the new company apply for an extension of my current H1B visa at the time of the application for the visa transfer?

Thanks a lot for your help in advance.
 


ImmigAttyLana

Senior Member
1. Yes
2. Until February 2008, you can travel on the old visa with the receipt notice for the new petition. After that, you will need to get a new visa and for that you'd need the new petition to be approved
3. No, there is no way to do visa revalidation within the US anymore. You would have to consular process for that once your petition is approved.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

changingjobs

Junior Member
Thank you Lana.

I guess I did not word the third question right. It sounded like visa revalidation bu what i meant was H1B status extension. My understanding is the new company files a petition for the transfer and once it gets approved, they file for the extension since my H1B status is expiring on Feb 8, 2008. My question is does this have to be the case. Can the new company file for a 3 year H1B extension at the same time they file petition for the transfer?

Thank you again.
 

ImmigAttyLana

Senior Member
The transfer would automatically ask for a three-year period of stay so that would effectively be an extension.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

changingjobs

Junior Member
Thank you for the prompt responses. My last question is does that three years start from the petition date or the date when my current H1B expires? I know that I am eligible for H1B for 6 years in total. Does that have to be two 3 year periods or can it be lets say one 1.5 period, one 3 year period and another 1.5 year period.

Thank you so much again.
 

ImmigAttyLana

Senior Member
You'll get your 6 years total, but the transfer should ask for a start date close to the date of filing and then 3 years from that so that you can have immediate employment authorization. There are often times when these would overlap but ultimately it does not matter because you will still get the 6 years total, if it means getting an extension after the transfer petition expires, etc.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

changingjobs

Junior Member
Thanks a lot again. On another issue, I was looking at my I-94 for an expiration date and there is no date specified neither anything that says D/S. There are two stamps, one on the I-94 and one on my passport and no dates on either. I have another stamp from my prior entry in 2005 that has my visa expiration date on it. However, no dates on my I-94 from my last entry. I do not see any reason why my I-94 should expire before my H1B status expires. Would me having no date on my I-94 be a problem?
 

ImmigAttyLana

Senior Member
If you initially entered the US as F-1 status, your I-94 would have been noted with a D/S (duration of status), but when you changed to H-1B, your H-1B approval notice should have a I-94 attached to the bottom of the approval notice, which is now your I-94 and that should have a definite expiration date that is typically the expiration date of the H-1B approval.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

changingjobs

Junior Member
H-1B approval notice did have a I-94 attached to the bottom of the approval notice. I then went back to my home country and got another I-94 upon my return. That I-94 had an expiration date on it handwritten by the officer when I entered US which matched the expiration date on the I-94 that came with my H1B approval notice. Then I went back to my home country and upon my return the officer did not write an expiration date on my I-94. He did write the LIN # on my visa and my employer name on the back but no date on the front. My question is him not writing an expiration date on my I-94 be a problem or my I-94 expiration date is my H1B expiration date by default.

Thanks
 

ImmigAttyLana

Senior Member
Are you sure it is not written on the new I-94? This is very unusual. If you enter on a visa that has an approval notice with a definite expiration date, usually that is noted on the I-94 card.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

changingjobs

Junior Member
I looked again and again and there is no date. I also have a stamp on my passport , also no date. I did enter the US in 2005 with the same visa and that I-94 that my visa expiration date on it. The I-94 has the LIN number that is the same as the LIN number on my visa. I am guessing it was an oversight on the custom officer at the time of my entry. Do you think that would cause any problems?

Thanks.
 

ImmigAttyLana

Senior Member
No, it probably will not be a problem and besides you are likely to travel internationally again before any next step in your immigration process and the I-94 will probably be noted with an expiration date next time.
 

changingjobs

Junior Member
Thank you again for your prompt reply. I will not be traveling internationally before my H1B gets transfered to the new company if I accept the offer. Hopefully it will not be a problem and I will get a new I-94 when the transfer gets approved. I will make sure there is a date on my I-94 next time I travel internationally just to be safe.

I have the following questions regarding the H1B transfer as well.

1.After I accept the offer, I will wait for the transfer receipt from USCIS. After that I plan on giving my current employer 2 weeks notice as a courtesy. Lets say I give my notice September 10 (Monday)and quit working on September 21 (Friday) and do not start my new job until September 24 (Monday). Will I be out of status from end of Friday and beginning of Monday?

2. Should I quit lets say on a Thursday and start the new job on Friday so that I am not out of status?

3. Is there a grace period from the time I quit my current job and start the new one and not be out of status?

4. What would happen if I tell my new employer on September 24 (Monday) and give a 2 weeks notice September 10 to my current employer and my current employer says they do want me to quit right away instead of working another 2 weeks? Should I tell my new employer that I would give a 2 weeks notice to my current employer but if they do not want me to work the 2 weeks I need to start right away after I stop working for my current employer?

5. Would being out of status between changing jobs be a problem when it comes time for me to apply for a greencard?

Sorry for asking too many questions at once and thanks for your help in advance.
 

rsraman123

Junior Member
H1B transfer advice required please

Hello All

Would appreciate any guidance / advice (may be a complicated question).

1) I presently am on OPT which is valid till December 2007. I am working for a company A for 8 months now.

2) I got my H1B approved in the April of this year.

3) Now I have another offer and want to tranfer my H1 before October 1st 2007. The other company B asked for my H1 approval notice and is willing to apply for a tranfer through their law firm

My questions is:

a) How long does it usually take from the date the law firm applies for a transfer of H1

b) If the company B applies for my H1B transfer, and the forms are presently in USCIS, and my last date in company A is sometime during then,
and company A informs USCIS that I have left them, what happens in this case??? ( I know this is a complicated scenario).

Will be thankful for any advice.

Ragh
 

SHORTY LONG

Senior Member
Hello All

Would appreciate any guidance / advice (may be a complicated question).

1) I presently am on OPT which is valid till December 2007. I am working for a company A for 8 months now.

2) I got my H1B approved in the April of this year.

3) Now I have another offer and want to tranfer my H1 before October 1st 2007. The other company B asked for my H1 approval notice and is willing to apply for a tranfer through their law firm

My questions is:

a) How long does it usually take from the date the law firm applies for a transfer of H1

b) If the company B applies for my H1B transfer, and the forms are presently in USCIS, and my last date in company A is sometime during then,
and company A informs USCIS that I have left them, what happens in this case??? ( I know this is a complicated scenario).

Will be thankful for any advice.

Ragh
Rrsraman123, YOU NEED to start a new post; in other words a new thread!
 

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