Should I change job with 2 - 3 months left in my H1B ( finishing 3rd out of total 6 yr )

Asked over 1 year ago - New York, NY

My H1B visa expires end of Jun 2013 . I have options to apply for another 3 year extension . But I am looking to change jobs now with just 4 months remaining in my current H1B visa . Suppose I start new job in 2 months , will the new employer transfer remaining 2 months on my current H1B from old employer to under their name . Then they also need to reapply for the extension of 3 years around the same time . Is it too risky and complex to change at this time . Should I wait to start new 3 year extension and then change ? How will this work ?

Attorney answers (3)

  1. Ian Edmund Scott

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Ms. Feldman is spot on.

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only.... more
  2. Lynne Rogers Feldman

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . "H-1B transfer" is a misleading phrase that has emerged in the immigration world. There is no such thing. The new employer files their own petition and can request a full three years if you have at least 3 years left in your 6 year maximum (less if less available). The big advantage of the second and subsequent H's is that you have already been counted against the quota unless you worked for a cap-exempt employer so don't need to be counted again and further you may begin working for the new employer as soon as the Petition is RECEIVED by USCIS -- you do not need to wait for the Approval.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. J Charles Ferrari

    Contributor Level 20

    Answered . Only you can decide whether to change jobs. Otherwise, I agree with my colleagues.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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