Sandeep Misri

Hi all,
I currently have an H1B visa in my passport that is set to expire at the end
of the year namely December 31st 2006. I have a few questions:
1. If I transfer the H1 b petition from employer A to employer B and if they
requested 3 yrs, would I get three years from the date of request or three
years from the expiration of my first petition.
2. How is easy it to do a transfer as compared to a new petition, which one
is faster.
3. If I follow the transfer route would I be able to start my job at
employer B as soon as the petition is filed or do I need to wait for
approval.
4. If wait for approval when would the start date be, in October like it is
for new H1B's or any other date.
5. Do I still need to do a transfer even if I switch jobs in the same
employer. i.e. currently work at a university if my boss switches do we need
to do a transfer or can I just work at the second job, the work done at both
jobs is the same.
6. Can I apply for the H1b visa concurrently with my green card application
or does it influence it.

Thank you in advance for your help. Have a good day. Sandy

--
Sandeep Misri
Postdoctoral Research Associate
Wright State University
048 Biological Sciences Building
3640 Colonel Glenn Highway
Dayton OH 45435
Ph No 937-775-2889

jrg

"1. If I transfer the H1 b petition from employer A to employer B and
if they
requested 3 yrs, would I get three years from the date of request or
three
years from the expiration of my first petition. "

Assuming that a three year extension will not put you past the maximum
six year stay, you will get three years from the date requested in the
new employer's I-129H petition on your behalf.

"2. How is easy it to do a transfer as compared to a new petition,
which one
is faster."

There is no difference between a "new petition" and a "transfer" in the
law. The CIS treats all petitions (initial, extension, change of
employer) as "new" petitions and requires full documentation in support
of each petition filed.

"3. If I follow the transfer route would I be able to start my job at
employer B as soon as the petition is filed or do I need to wait for
approval."

If a person in lawful H status is the beneficiary of an H petition
filed by a different employer, he or she may begin work for the new
employer as soon as that petition is RECEIVED by the CIS. You do not
have to wait until it has been approved.

"4. If wait for approval when would the start date be, in October like
it is
for new H1B's or any other date."

The start date should be the same as the start date shown in the
petition. Since you already have an H petition, you are not subject to
the H quota again. The only exception is in cases where a beneficiary
is not subject to the H quota initially (due to the nature of the
employer) and then move to an employer that is subject to the quota.

"5. Do I still need to do a transfer even if I switch jobs in the same
employer. i.e. currently work at a university if my boss switches do we
need
to do a transfer or can I just work at the second job, the work done at
both
jobs is the same."

It depends on the nature of the new job. If there is no significant
change in the job duties, a new petition is not required. If there is a
change, then the present employer needs to AMEND the existing petition
to reflect the new job duties.

"6. Can I apply for the H1b visa concurrently with my green card
application
or does it influence it."

Yes you may and no it does not influence it.

Ron Gotcher
Attorney at Law
http://www.imminfo.com
http://immigration-information.com/forums/index.php