H1B Transfer and Extension

[karan2405]

What is the name of your state? NY

Presently I am in India and my current employee is not having US opportunity for me.So I have decided for Visa Transfer.My H1B visa getting expire by Oct 2008.

As per my understanding,from india new employer is supposed to file new H1B petition which is exempt of cap.
I am having few questions:

1)Is is possible to file new H1B petition exempt of cap without joining new company?
2)What will be the validity of New H1B petition?
3) After getting new petition from new employer is it save to travel with existing visa from current employer?or shall I get the stamping done after Oct 2008 and then travel?

Please suggest

 

[ImmigAttyLana]

Why would you want another employer to file a H-1B visa petition on your behalf if you do not plan to join that company?

 

[karan2405]

Hi Lana,

The situation is like this:
Presently I am working with company A(my current employer).I am planning to join new company after 1-2 months.
Company A is not having US opportunity for me and H1B visa from current employee(company A) will expire on 1 OCT 2008.So,I am planning to get the transfer done before joining company B.

Company B said that we will file New H1B petition exempt of cap(just like transfer) and it will be valid for another 3 years.is it true?


My questions are:

1) What will be the validity of New H1B petition(just like transfer)?
2)After getting approval for new H1B,can i get the visa stamping at the same time or do i need to wait till my current Visa expire i.e Oct2008?
3)After getting new petition from company B is it save to travel with existing visa from company A?or shall I get the stamping done and then travel?

Please suggest

 

[karan2405]

H1B Transfer and extension

Hi Lana,

Could you please provide some update?

Thanks and regards
Karan

 

[ImmigAttyLana]

1. the new petition will request 3 years if you still have at least 3 years left in h-1b status. t he exact validity dates cannot be known by me since i'm not the one drafting the petition.
2. you do not need a new visa stamp if you already have a valid h-1b visa stamp even if i was obtained through another employer.
3. yes, it is safe as long as you have a valid h-1b visa.