Work VisaFeb 22, 2019
QualcommiLNw80

H1 Transfer Question

Hi I have a H1 stamping on my visa which expired September 2017, I have a valid I797 approval notice with H1 validity till November 2020 and also have I140 approval on hand. I did not travel internationally after H1 expiry to get it stamped, Can I initiate a H1 transfer now? Also throw some light on the new PERM application filed with expired H1 stamping but valid I797A?

Infinera draculaarh Feb 22, 2019

Stamping helps you enter the USA. After that your legal stay is governed by I94 and I797A, so it doesn’t matter if your stamp had expired or not. You can go ahead and initiate a transfer. Ofc, the disclaimer - you should ask your next employers immigration attorney for the right information

Qualcomm iLNw80 OP Feb 22, 2019

Thanks.. How about the PERM application with new employer?

Amazon fHUg57 Feb 22, 2019

You'll have to go through the entire process but you can retain your priority date provided you were employed with that employer for at least 180 days

Applied Material SiH4 Feb 22, 2019

PERM process is independent of H1B. As the poster said new employer new PERM.