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H1B transfer expiration date question

H1B transfer expiration date question

Old Aug 23rd 2003, 11:55 am
  #1  
Sebastien Windal
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Default H1B transfer expiration date question

Hello,

I work in the US under H1-B status.
I moved from company A to company B at the end of January 2003. Company B
filed the transfer petition at the end of January 2003 but even though 6
months have passed, the transfer is still pending. The expiration date of my
old H1-B visa (company A) is just one month from now. I am confused about
what my status is going to be in one month if the transfer to company B is
not finalized at this point? Is the H1-B visa extension automatic when a
visa is transfered?

Thanks,

-Sebastien.
 
Old Aug 23rd 2003, 1:36 pm
  #2  
Alex Inupa
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Default Re: H1B transfer expiration date question

Send a fax to your service center and learn more about the status of your
application. As far as I know there is no automatic extension. Your first
visa is valid until the last day on your last I797A as long as your new
company keeps you employed and your transfer request is not denied.
Basically you have 1 month left. Then you should ask a lawyer.

rgds,
-A!

"Sebastien Windal" <[email protected]> wrote in message
news:[email protected]...
    > Hello,
    > I work in the US under H1-B status.
    > I moved from company A to company B at the end of January 2003. Company B
    > filed the transfer petition at the end of January 2003 but even though 6
    > months have passed, the transfer is still pending. The expiration date of
my
    > old H1-B visa (company A) is just one month from now. I am confused about
    > what my status is going to be in one month if the transfer to company B is
    > not finalized at this point? Is the H1-B visa extension automatic when a
    > visa is transfered?
    > Thanks,
    > -Sebastien.
 
Old Aug 24th 2003, 5:54 pm
  #3  
Ingo Pakleppa - See Web Site For Email
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Default Re: H1B transfer expiration date question

First, the processing times are well in excess of six months, eight or
more are more normal. So there is no reason to worry on that end.

Second, the transfer is also at the same time considered an application of
extension (because you presumably requested an end date well after company
A's H-1B ends). Now the nice thing about an application for extension is
that as long as it is timely filed, it comes with an automatic extension
of up to 240 days (or until BCIS makes a decision). So you are considered
to still be in H-1B status, and still be allowed to work, after your
status expires.

BTW, I assume you meant to say that your old H-1B petition from company A
ends next month. Your visa is completely irrelevant in this context (for
the difference between visa, status and petition, see my FAQ page).

On Sat, 23 Aug 2003 16:55:31 -0700, Sebastien Windal wrote:

    > Hello,
    >
    > I work in the US under H1-B status.
    > I moved from company A to company B at the end of January 2003. Company
    > B filed the transfer petition at the end of January 2003 but even though
    > 6 months have passed, the transfer is still pending. The expiration date
    > of my old H1-B visa (company A) is just one month from now. I am
    > confused about what my status is going to be in one month if the
    > transfer to company B is not finalized at this point? Is the H1-B visa
    > extension automatic when a visa is transfered?
    >
    > Thanks,
    >
    > -Sebastien.


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Old Aug 25th 2003, 5:37 am
  #4  
Sebastien Windal
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Default Re: H1B transfer expiration date question

    > BTW, I assume you meant to say that your old H-1B petition from company A
    > ends next month. Your visa is completely irrelevant in this context (for
    > the difference between visa, status and petition, see my FAQ page).

That's right, and my I-94 expires in October 1st too...
So basicaly you are saying that I will still be able to legaly work
for my current employer after October 1st since the transfer has been
filed even if the visa only comes in November or December for
instance?

Thanks.
 
Old Aug 25th 2003, 4:59 pm
  #5  
Ingo Pakleppa - See Web Site For Email
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Default Re: H1B transfer expiration date question

On Mon, 25 Aug 2003 10:37:29 -0700, Sebastien Windal wrote:

    >> BTW, I assume you meant to say that your old H-1B petition from company A
    >> ends next month. Your visa is completely irrelevant in this context (for
    >> the difference between visa, status and petition, see my FAQ page).
    >
    > That's right, and my I-94 expires in October 1st too...
    > So basicaly you are saying that I will still be able to legaly work
    > for my current employer after October 1st since the transfer has been
    > filed even if the visa only comes in November or December for
    > instance?

Yes (and of course, it would be the petition and the new I-94 that arrive
in November or December. You could then apply for a new visa by mailing
your passport to either Frankfurt or St. Louis).

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
 

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