H1B approved for 2 months - H1B transfer options

hi Guys ,

need your advice on my case.

I got to know today from my employer that my H1b got approved until 12/31/18 (for 2 months ). only. so i need to clarify few things before I’m running out of time.

  1. i have full time offer from new employer and if they start doing transfer process by next week and if current employer is filing extension , then once transfer has been approved with new employer then do i need to wait for pending application with current employer ? Or i can directly switch with new employer based upon transfer (considering , if it gets approved) ?

  2. but what if my current application is reviewed first and if something goes wrong with extension before transfer application with new employer in that case do i need to leave country immediately ? and if after departure from country , if transfer application with new employer is approved then can i enter USA back after stamping ?

  3. Denial without RFE policy has been executed already or USCIS is still issuing RFE these days ?

  4. when we transfer h1 b with new employer then can they file extension and transfer together or both are consider as same ?

hope you could help me here !!

thanks,
Maulik

File H1B transfer before i94 expiry

If you file your H1B transfer before i94 expiry, you will be able to join and start working with new employer anytime.

Your H1B extension with current employer will not have any effect on H1B transfer if filed before i94 expiry.

H1B extension is denied before H1B transfer

If you filed transfer before i94 expiry, then you can simply start working with new employer without going out of USA.

Denial without RFE policy

Yes, denial without RFE policy is active for all applications at this time.

RFEs are still being issued but it is highly dependent on individual USCIS officer who works on a case. They may deny a case or issue RFE.

H1B transfer and extension by new employer

H1B transfer and extension is one and same thing. Whenever an employer files for H1B transfer, they request for 3 year approval.

If approved, the new 3 year validity starts and this is sometimes also called as extension with transfer.
All H1B transfer applications can be counted as extension too.

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expert,

need your help to understand scenario !!

my h1 b is approved for only two months due to SOW was until this DEC. so my current employer is filling extension next week. meantime i have offer from new employer and they are also start doing process for my h1 b transfer. my new employer is not ready to allow me work on receipt notice so obviously i need to stick with my current employer.

Question:

  1. what if extension/transfer gets approved first with my new employer before my current employer extension ? do i need to travel abroad to get it stamped in order to activate h1 b with new employer ?

  2. what in the case of reverse situation that mentioned in step 1( current approved first and later new employer then) ?

  3. what will be happened if my current employer gets denied first before approved with new employer and if new employer approved first then current employer gets denied then ?

appreciate for all your help !!

Thanks,

Maulik

H1B transfer approval or Denial

Assuming you file your H1B Transfer before your i94 expiry, your H1B transfer result will NOT be affected by your current employer’s H1B extension.

Once transfer is approved, it will be your choice to join new employer or keep working for current employer.

H1B extension - current employer Approval of denial

Extension result will matter unless you have joined the new H1B transfer employer.

If extension is approved, you are good.
If extension is denied, you either can join new employer (even when H1B transfer is pending). If you do not join new employer, you would need to leave USA after Dec 2018.