H1B Transfer - Processing Times and Premium Processing

[changingjobs]

What is the name of your state? WI

My current H1B will expire on Feb 8, 2008. If I accept this new position, my new employer will file a petition for the transfer. How long does it usually take for the transfer petition to get approved (regular vs. premium processing)? What happens if my transfer does not get approved until Feb 8, 2008? Would I be out of status then? Additionally, this job will require me to travel to Canada often and I know that I cannot go to my home country and get a new visa until my transfer gets officially approved. I am also considering another offer (option B) that does not require any travel. Would I be okay if my transfer does not get approved until Feb 8, 2008 if I do not travel internationally under option B?

Any advice is appreciated. Thank you in advance.

 

[ImmigAttyLana]

Regular processing can be several months. Premium processing is 15 days. As long as it is filed before your I-94 expires, you are not out of status.

 

[changingjobs]

Thank you for your reply. My current visa does not expire until Feb 8. Can the company apply with regular processing and change to premium if the regular processing does not get finalized lets say until January 10?

Thanks again.

 

[ImmigAttyLana]

Yes, you can always upgrade a regular processing petition to a premium processing by paying the additional $1000 filing fee.

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

 

[aman79]

Laid Off , Applied for H1 Transfer, Visiting India

Hi Lana,

I would really appreciate if you could answer my concern.
I got a lay off 10 days before, now i got a new company, they are applying for H1 transfer by the end of this week under regular processing. Next week i have a schedule to visit india, my new company is saying i can go to india , they will send the docuements to me once i got the approval and on the basis of those documents i can came back to US. Also my previous company(the one who laid me off) is not revoking/cancelling my H1 visa. Can i came back to US on the basis of 797 with that company if in any case new approval takes like more than 2 months.
Please advise me on this and what u think is it a good idea to visit india ?