H1B Extension + Transfer

NTK / Other
Calijobpls

NTK Other

Calijobpls
Aug 28, 2018 12 Comments

Currently working with company A and my H1B is suppose to expire on 9/1/18. But my company has filed for an extension. Petition was received by USCIS on 7/31/18 (Regular processing)

Now got an offer from company B, which I accepted and they are in process to apply for H1B transfer.

Will there be any issues? Should I ask company B to wait till extension is confirmed? Should I ask company A to upgrade to premium processing? What are my options to quickly join company B?

Thank you.

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TOP 12 Comments
  • Intuit
    autoqe

    Go to company page Intuit

    autoqe
    Refer to an attorney for most accurate answer.

    But here are my two cents: If you are serious about company B ask them to file H1b in premium processing before Sept 1st. If company B is not able to file before Sept 1st you cannot move to that company and work until your h1b transfer is approved. This is my understanding.

    Please don't consider this legal advice. Your attorney knows the best.


    It was announced today that USCIS is suspending premium processing for h1b transfers after Sept 10th till Feb 19th 2019.

    https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays
    Aug 28, 2018 4
    • NTK / Other
      Calijobpls

      NTK Other

      Calijobpls
      OP
      Thank you for the advice!
      I will talk to the lawyer ASAP
      Aug 28, 2018
    • New
      yewX60

      New

      yewX60
      They can also file after the expiration date, but in that case the transfer petition will become dependent on the extension petition, and you’ll have to wait until both are approved before joining.
      Aug 28, 2018
  • Cisco / Eng
    Feistyx

    Go to company page Cisco Eng

    Feistyx
    I think with transfer it gets extended too. Please confirm with attorney since laws are complex and ever changing
    Aug 28, 2018 3
    • New
      yewX60

      New

      yewX60
      It won’t get ‘extended’, since a transfer is basically a new, independent H1B with its own validity period.
      Aug 28, 2018
    • Intuit
      autoqe

      Go to company page Intuit

      autoqe
      A lot of time people misunderstand due to the word transfer. Some people mistakenly think it's transfer of current approval. Nothing transfers but the employee. As you mentioned H1b transfer is actually a new h1b petition filed on behalf of you by new company.
      Aug 28, 2018
  • Intuit
    autoqe

    Go to company page Intuit

    autoqe
    I think you should also ask your current employer to upgrade it to premium so that you get approval quickly.
    Aug 28, 2018 0
  • NTK / Other
    Calijobpls

    NTK Other

    Calijobpls
    OP
    I will clarify everything with the lawyer. Thank you all!
    Aug 28, 2018 0
  • Tango Health / Eng
    WaterColor

    Tango Health Eng

    WaterColor
    Attorney is your best bet here.

    Blind != Attorney

    Career is at stake
    Aug 28, 2018 0