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Immigration Issues/H1B Transfer at the time of H1B extension

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Question
Hi Ajay sir,

My present H1B visa expired on March 30,2008,I-94 on April 10 2008.My company has applied my extension,but it has some RFE (company related,case is still pending,RFE has been replied by June3rd). upto my knowledge 240 days i can stay and work as my extension is filed before March 30th.  can I transfer H1B  at this time.My indian company doesnt give me any reliving letter ,if i resign here,so i want to go back and come with new company.
Can I transfer my H1B visa ,go back to india & go for stamping with the new H1 petition ?
or should i go with consular H1B,as anyway I am going to India.
Please give me a suggestion.

Thanks
Lakshmi

Answer
Hi Lakshmi,

You can work for your present employer (Company A) for up to 240 days after March 30, 2008. Company B can file an H1B petition for you as well, and the USCIS will approve the petition, but the USCIS will probably not attach an I-94 to the bottom of the H1B approval notice filed through Co. B unless Co. A's H1B petition is approved first.

Therefore, unless Co. A's H1B petition is approved prior to approval of Co. B's petition, in order to activate H1B status for Co. B you will need to depart the U.S. and obtain H1B visa stamp through a U.S. Consulate abroad in the name of Co. B if your intention upon next entry into the U.S. will be employment with Co. B. There is no disadvantage in requesting "extension of status" in Co. B's H1B petition in case the USCIS grants you extension of status (with new I-94 attached to the bottom of the H1B approval notice), and this will then preclude the need to travel to the U.S. Consulate.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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