H1B transfer question

[kroshka]

Hi! I'm currently on the work visa status (H1B).
2 questions:A) I have less than a year left on my original H1B -can I transfer to a different company (same responsibilities within the company), what are the conditions? Are there geographical stips?
B) If the answer is yes and I do transfer, does that change the Green Card application process, and if yes, how?

 

[cbg]

You can go to work for a new company but your new employer has to apply for an H1B visa for you. Unlike when you applied for the original one, you can go to work for the new employer as soon as the petition has been filed. It will not lengthen the time available to you on the visa.

I had an employee who transfered to my company when he had less than a year on the original visa, and we did the transfer and the extension at the same time. There was no problem with that.

I can't answer the green card part of your question for certain but I don't believe it would affect it as long as your new employer is also willing to sponsor you.

 

[kroshka]

THank you for your response ................another question if you would be kind enough to answer: Do the transferred visas have any geographical conditions, and if I transfer soon, can I finish out the last year of the original visa before filing for extension?
thanks!

 

[cbg]

I don't understand what you mean by geographical conditions. Can you clarify?

You absolutely may not transfer until an amended petition is filed. You can interview, you can accept a new job, but you cannot begin working at the new job until your new employer has filed for an H1B for you. As I said, we have an employee who was on the last year of his original H1B - we did the transfer and the extension all at once. But you may not work for Company B on the H1B that was filed by Company A.

 

[kroshka]

Thank you again for your promptness.....what I meant by geoographical conditions is this : I would be leaving working for a company in chicago and doing same responsibilities, but traveling extensively with the other company. I heard that if job A is in Chicago, job B has to be in CHicago too....true?

as far as extension goes, I still have a full (almost) year of work , and if i file right away for extension, does that give me just the 3 years of extension, or extension AND my current year?

 

[cbg]

I hope you're wrong about the geographical conditions because I hired someone for whom I needed to do an H1B transfer - he was originally in New Jersey and I hired him in Boston.

Yes, if you start on the transfer now you would get the current year plus the 3 year extension. That is what happened with my employee (not the NJ one, another one).