Deep wrote:
>
> My present H1B visa is expiring in a couple of months. My employer
has
> filed for an extension, but I've got an offer from another firm that
> I'm interested in taking up.
>
> Now, when my new employer files for a H1B transfer with a new
petition
> - can an extension be applied for in the same application? Or would
the
> transfer have to be approved first and then an extension be applied
> for?
There isn't really any such thing as an H-1B transfer. The new
employer just applies for an H-1B for you in the normal way, and
mentions that you are already in H-1B status with another company.
He can apply for whatever length of time he wants, to the maximum
of three years or the time between your start date and the sixth
anniversary of your entering the USA as an H-1B, whichever is
shorter.
When applying for an extension, it's the H-1B petition that's being
extended, not your time as an H-1B. The new employer will be doing
a new H-1B petition, so extensions don't come in to it.
I'm not sure of this, but there may be a complication here; if you
transfer to the new employer, there may be some issue with your
current petition running out while you're waiting for the new petition
to be approved. Someone more knowledgable might confirm this, or you
could avoid the possibility by having the new employer use Premium
Processing.
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