H1B Transfer or H1B Extension?

Raghuram Sukumar H1B Visa 3 Comments

Presently I’m on H1B Visa. My visa will expire in few months,I spoke to other employer who is willing to transfer my H1B.My question is – Since the rules for H1B are getting tough, I wanted to know is H1B Transfer and H1B Extension both follow the same process.
Is H1B Extension process easy than H1B Transfer?
Is it the right time to transfer my H1B or better to stick to my present employer and apply for H1B extension.

Interesting set of questions. People change jobs to get better job or get higher salary.  Your question looks like you want to change job for H1B extension.

If your plan to transfer to legitimate company, you don’t have to worry about H1B transfer or extension. You have to worry if your transfer is to some small time consulting company.

Lets assume, your H1B is issued for 3 years and you are towards the end of the first 3 years of H1B approval. When you find new job and transfer your H1B, attorney will request H1B transfer and H1B extension. I believe USCIS will provide extension to maximum period of 3 years. You would have to check with your attorney about additional details.

Comments

  1. Hi Raghu,

    Need your advice!!

    You quick advice is really appreciated on below doubt.

    I have valid H1b stamped visa, valid till Sept 2017. I got this visa from one of the Consultant last year but could not travel on this visa as employer had some issues with company so asked me to get it transfer, please do not come on this visa, it can be an issue in port of entry because my company is in problem.

    I got an offer from one of the US based consulting firm and they are ready for visa transfer but from US. What they are saying is:-
    I need to come on current petition and current visa. And they will provide supporting document from that I will not face any issue in Port of Entry.

    1. They are saying:- They will file my new LCA and will give client letter and NOC ( first time I heard this)

    My question is:-

    1. What is NOC:- I know, there is no need to take permission from current employer for visa transfer.
    2. As per them- then will file NOC to USCIS that they will transfer this visa once consultant comes US. They said they follow this process and that is LEGAL.
    3. Main question is:-
    Can I fly with my Current Petition and current visa with New LCA(which employer B is going to file), New Client letter, New Offer letter and As they said NOC which they are going to file??

    Please suggest if this is LEGAL and in Rules of USCIS. First time I heard about this type of NOC. Can it be work. Will there any chances to reject in POE.

    Please help!!

    Thanks for guiding.

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