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H1B Transfer and extension

Oakland, CA |

I am planning to move to a new employer from current employer. I have I-140 approved with the priority date of Feb 2009 and i am on second 6 years period. H1B Visa is expiring on Jan 2014. Am i eligible for a H1B Extension when new employer applies for H1B Visa. It seems new employer's attorney is saying that extension is not possible only the transfer.
EB3 approved on Nov 2010
EB2 Approved on Feb 2013

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Attorney answers 3


Right now the only thing your new prospective employer can do is file for a new petition, for a period not to exceed your 6 years total in H-1B status.

Then, up to six months prior to the expiration of your 6 years, the same (or other) employer can ask for a new temporary period of 3 more years, due to the fact that you have an approved I-140 and that both the EB-3 and EB-2 categories are "backlogged" for natives of your country of birth (Hindustan?)

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Please see the answer to your other question.

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.


I agree, have your employer file for a new petition, for a period not to exceed your 6 years total in H-1B status.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog: