H1B transfer - nearing end of 6th year

[clif]

My six-year H1B visa period expires in Dec 2007. I have an approved I-140 and my employer will file for H1B extension six months prior to current H1B expiry date (i.e., six months before Dec 2007.)

If I change jobs now, will my new employer be able to file for H1B extension or not? If not, it's obviously best for me to wait till my current employer gets my extension done and then change jobs.

Another related question I have is - If I change jobs and consider PD transfer (I know another thread is actively discussing this), what documents will I need from my current employer to be able to do so? I have a copy of I-797 for I-140 approval, but not the original. Will that be sufficient?

Any advice on this is appreciated. Thanks.

[clif]

Please advice.

[vsoni]

Yes you can transfer H1 to new employer and get three years extension, for safer side first transfer the H1 to new employer and then resign. Try to do premium processing.
I did this. You can port you old priority date. I think you copy of i-140 is enough. I am not a lawyer.

[nk2006]

If I change jobs now, will my new employer be able to file for H1B extension or not? If not, it's obviously best for me to wait till my current employer gets my extension done and then change jobs.

Yes. While changing the job, your new employer can request for 3 years H1B for you based on the approved I140. If the new employer agrees, try to apply in premium process and wait until approval before joining there.


I have a copy of I-797 for I-140 approval, but not the original. Will that be sufficient?

I dont have experience on this (yet) - but I think a copy of I-140 is enough. In fact some people seems tried with just case number (I am not sure if they succeeded or not though) - you are in much better shape.

[mygc]

Hi
I have the same situation,

I still have 16 months remaining on my H1.
( i came to US on 27 July 2002)

I have approved I-140 from my current employer. (Dec 22, 2006)
PD is some where in Sep 2006

But i got a new offer and want to change job.

My question is, when my new employer apply for H1B Extension, Can i get 3 years of extension instead of just 16 mth ( 16 moths is the time remaining on my Original H1B)

i called many lawyers for consultation (many lawyers give free consultation over phone) but got mixed responses.

Please Advice
(if you can suggest the lawyer who has done this type of transfer, please give us a name and phone no)

thanks

[subba]

I have slightly different scenario. Already got my 3 year (8th,9th,10th) extension + visa stamp based on I140 approval.
My 7th year ends 5/30/07, and 10th year ends 5/30/10.

Am thinking of switching ASAP. If I switch before 5/30/07, is there going to be any issues?
Also, when can I switch? As soon as new employer applies for transfer or only after the transfer is approved?

[mygc]

hi

some on did the similar stuff..

visit following link

http://boards.immigration.com/showthread.php?t=228889

see all the postings from nashot99

at the end of this page, you will see that nashot99 got his h1 x-fered by new company with 3 yrs of extension

[clif]

Yes you can transfer H1 to new employer and get three years extension, for safer side first transfer the H1 to new employer and then resign. Try to do premium processing.
I did this. You can port you old priority date. I think you copy of i-140 is enough. I am not a lawyer.

If my current employer gets a hint that I might be trying to get out and transfer my H1 visa status (while I have not yet filed for transfer/extension), can they harm my chances in any way (such as cancelling my approved I-140 and/or PERM)?

On a related note, on what basis is the 7th year extension granted?

Thanks in advance.

[skd]

I am also in similar boat..