Can I transfer H1B when only 3 months left

[corba]

1. I am working on fulltime H1B with Employer A and my H1B is expiring on October 2010.

2. I came to US on 2005 March

3. I got my approved I-140 from Employer A last year. (EB3 I)

4. I have not yet filed my 485 (waiting for dates to become current)

Now my question here is:

My employer A have not yet filed my H1B extn, I am planning to search a job.

suppose Employer B agreed to transfer my visa,

1. Am I eligible to get 3 year H1B extension along with transfer?

2. OR I will get only valid transfer till October?

[sammas]

You will get it for 3 yrs. A friend of mine has a similar situation like yours. He transferred his H1 in July 2007 evnthough it was valid till October 2007 and got the extension until July 2010.

Hope this helps.

Note : I am not an attorney, please make sure to take legal advice.

[corba]

sammas Thanks for your info ...

[frostrated]

Originally Posted by sammas

You will get it for 3 yrs. A friend of mine has a similar situation like yours. He transferred his H1 in July 2007 evnthough it was valid till October 2007 and got the extension until July 2010.

Hope this helps.

Note : I am not an attorney, please make sure to take legal advice.

you might want to validate the above information with a lawyer. Though I do not know how the extension will apply to you, I do think it is best for you to get your current employer to file an extension. You can transfer between employers 180 days after you file 485. In this case, you are still on H-1B, and you are changing employers. At this stage, even though your 140 is approved, it is with a different employer, and I do not know if this will warrant an extension. So please check with a lawyer prior to believing in anything you read on this forum. I am sure 99.5% of those on this forum have never been in your situation.

[sammas]

Originally Posted by frostrated

you might want to validate the above information with a lawyer. Though I do not know how the extension will apply to you, I do think it is best for you to get your current employer to file an extension. You can transfer between employers 180 days after you file 485. In this case, you are still on H-1B, and you are changing employers. At this stage, even though your 140 is approved, it is with a different employer, and I do not know if this will warrant an extension. So please check with a lawyer prior to believing in anything you read on this forum. I am sure 99.5% of those on this forum have never been in your situation.

Frostrated,

You are right. The info I provided definitely needs to be validated by an attoreny. AFAIK, H1 and GC are 2 seperate things. The info I mentioned in my earlier post is purely related to H1 and nothing to do with GC stages (140 and 485).

Thanks for bringing this though.