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Qs About Timing Of H1 Transfer And Validity

Discussion in 'Nonimmigrant Visa Applications' started by JustBe, Jul 5, 2017.

  1. JustBe

    JustBe New Member

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    Current H1 extension (2nd ext after 6 years) through employer A is expiring in April 2018. I understand that the new application for the extension can be filed earliest in Oct 2017 (180 day before April 2018),

    Now a new employer B is offering a full time position. Here are the possible scenarios and questions:

    - If emp B files for H1 transfer, lets say end of July 2017, and if it gets approved, will it be valid till April 2018? If yes, then by the time I get the approval (assuming processing done in 2 months), it will be time to file a new extension. Can the emp B ask for 3 yrs ext in this scenario?

    - If emp B files in Oct 2017, can he ask for 3 yrs ext ?

    What is advisable?

    Thanks in advance :).
  2. New Guy

    New Guy Senior Member

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    New employee
    New employer doesn't have to wait and it it's not dependent on existing h1bworried approval.

    Technically, transfer is nothing but a new h1b petition.

    New employer can file anytime and ask for 3 years validity, if you have an approved 140.

    The old I-94 will be invalidated once you have a new I-94.

    P.S: not an attorney

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