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 ?
"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
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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2 lawyers agree
Ms. Feldman is spot on.
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1 lawyer agrees
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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.