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H1b Transfer After 6yr

Discussion in 'Nonimmigrant Visa Validity' started by Sunil21, Sep 29, 2014.

  1. Sunil21

    Sunil21 New Member

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    Hi Ron,
    I want to transfer my H1B to company B from company A. Worked for 6yrs + on H1B which is valid till Feb 2015.
    My I-140 is approved but my employer is not sharing I-140 receipt number \ approval notice. Apart from this 6yrs I was out of the country for 1yrs.
    1) If I transfer to company B, do I get H1b for only Feb 2015 or more than that as I was out of country for 1yr?
    2) For H1B transfer from company A to company B, Is I-140 receipt number will work or do I need I-140 approval notice too?
    3) If we are out of country for 1yr, Do we get H1B renew for 6yrs as a new H1B.

    Please provide me your valuable suggestions.
     
  2. Jim Gotcher

    Jim Gotcher Administrator

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    Hi Sunil
    On the I-140, you could make a FOIA request to obtain that information as it would be hard to transfer without being able to show at least the receipt number. If they used your filing fee check for the I-140, the back of the check will have the receipt number on it.

    As for the transfer, you would be entitled to 2/15 plus your recapture. If you locate the I-140 info, obviously, you can request 3 years.

    As for a fresh 6 years due to your 1 year absence, you would also need to re-apply in the quota this April in order to get a new 6 years. Basically, you must be outside the US for 365 days AND you must reapply in the quota in order to get a new H1b with 6 years remaining.

    I hope that helps.

    regards
    Jim
     
  3. Sunil21

    Sunil21 New Member

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    Thanks for the response Jim.
     

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