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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default H1 Transfer To A New Employer After Extension Has Been Filed

    Hello,

    Urgent situation...Please reply soon... :

    -My I-94 is valid until Apr 20th,2008.My current company (A) has filed for an extension on Feb 15th 2008 ,but they told me that they haven't received the Receipt yet.
    -Now i want to transfer to another company(B) before my Visa expiry date(as company A says that the project would end this month-end).Is this possible ?
    -If this is possible,would there be any problems if my current employer cancels my Visa extension process after i inform them that i would quit?
    -Can the new company apply for transfer and also extension again?

    Thanks in advance,
    Chinnu

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: H1 Transfer To A New Employer After Extension Has Been Filed

    This seems to fit your situation more closely than other FAQs I found:

    My H1 is valid till Jan 26 2007 and I-94 till 1st week of Feb 2007. My current employer (A) has filed an extension on Dec 14 2006. Now I am looking for a change in employer.

    1. Can the H1 be transferred when an extension is filed on it?
    2. I suppose the extension would take some time to be approved. Incase my visa/I-94 expires and my extension is not yet approved, is my current visa still valid to be transferred to a different employer?
    3. If employer (A) would like to cancel my H1, can he do so with out informing me, in that case can I transfer the H1?

    1. H1 cannot be transferred unless a decision is taken on the extension.
    2. Even if you were to file for a transfer now it would be approved only till January 26 2007 which means that your new employer has to file for an extension immediately.
    3. We recommend that you wait till the extension is approved and then look for a new employer.
    4. An employer cannot cancel your H1 without giving you notice as per the offer letter. Technically, if the employer has filed for cancellation of your H1, you cannot transfer H1.
    5. Please talk to a lawyer before taking any action as this clause is interpreted differently depending on the facts of the case.


    http://www.assureconsulting.com/faqs/h1b_transfer.shtml

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