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  • H1B Transfer Question
  • MY H1b will be expiring in April 2009 ( this year). Now i got an offer with another company which will be starting my H1 Transfer Process Mid Febuary. I have a planned travel to india in Late may.

    I have a question here

    (1) For the H1Tranfer whcih is done in feb , is the USCIS going to give me the H1 for only the remaining three months (0r) I will be getting the extension automatically and will get the H1 with the new company, 3 years from the date which they apply( Feb 2009).

    MY future company and me are bearing the cost 50:50...so if i get only for 3 months the new H1, i need to again apply for extension whcih would again cost me..
    Let me know your thoughts
    By Uma - Sep 04 2009 Reply » Save » Print »
  • Its not really depnedent on your vecation plan. It is really dependent on how long you have been staying in US on H1 status and how long your new employer is applying your H1 extension while he is filing a H1 transfer. Your vecation plan doesn't really matter to USCIS except that you can claim these vacation months as the period you are stayed out of country and exclude from your 6 year valid H1 stay. You are eligible to get an extension until you complete your 6 year stay unless you stayed away from the US for more than a year in between ( in this case you will get another 6 years after your 1 year stay away from US). Your employer new employer can apply a three year H1 extension or remaining period of your 6 years of if it is less than 3 years.
    By Mac - Sep 04 2009 Reply » Save » Print »
  • Usually the law offices try to get the maximum possible H1 for you unless instructed by the employer. It helps even your employer saving some bucks avoiding another extension immediately after your H1 transfer. I don't see a reason which holds him back in applying a 3 year extension or whatever the maximum possible period you can get depends on your situation.
    By Mac - Sep 04 2009 Reply » Save » Print »
  • If you have not crossed three years stay on H1 b you will be getting another 3 years H1 B, if you want to travel after April 2009 you need to get the new Visa stamping done (Assuming that you have visa stamped in your passport until April 2009)
    By Mac - Sep 04 2009 Reply » Save » Print »

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