H1B visa Renewal/Extension/Transfer
Sandeep Misri
someone could please help me.
1. Is Renewal and extension the same thing.
2. Can a renewal of the H1 b visa by company A and transfer of the same visa
by company B be done concurrently.
3. Would doing them concurrently have any effect on either or thats not a
good option.
4. Does the renewal depend on the funding status of company A.
5. Does renewal mean we get another 3 years or just depends on funding.
6. Doesnt extension apply only after the 6 years are up and LC/GC is pending
correct.
7. My first three years are going to be up in December 2006, do I apply for
renewal or extension and whether the process for both the same.
Hoping for a quick answer, since employer B is processing currently the
transfer and employer A wants to do a renewal/extension.
Thank you and have a nice day
Sandeep
Bob
Misri <sandee...@sbcglobal.net> wrote:
> I think this may have been answered earlier but I would appreciate if
> someone could please help me.
Here is my understanding, maybe useful or not.
> 1. Is Renewal and extension the same thing.
Basically they are the same except in the case of when the 6 year limit
is coming up and the worker has a pending green card application (it is
more complex than that)
> 2. Can a renewal of the H1 b visa by company A and transfer of the same visa
> by company B be done concurrently.
The H1 status is for one employer (usually at one site for one job at a
fixed wage. Transfer is not really a transfer. The new company makes a
new application for a different job at a different location.
> 3. Would doing them concurrently have any effect on either or thats not a
> good option.
It is my belief that it is not related, unless your status has expired.
> 4. Does the renewal depend on the funding status of company A.
Our company always shows our company ability to pay (financials). It is
possible that if the inspection officer thinks the company cannot
afford you, she/he may ask the petitioning company for additiional
information and could possibly be grounds for rejection.
> 5. Does renewal mean we get another 3 years or just depends on funding.
Should be just time.
> 6. Doesnt extension apply only after the 6 years are up and LC/GC is pending
> correct.
Our legal representative uses these terms interchangably. You may wish
to consult the regulations via the USCIS web site <uscis.gov>
> 7. My first three years are going to be up in December 2006, do I apply for
> renewal or extension and whether the process for both the same.
Company applies in all cases. Company files I-129 with H extensions,
you need to show you have been working for them ... Process is the same
except when the 6yr/GC issues are involved and then the process is
basically the same but documentation is different and the available
time is less than 3 years.
These are my understandings. I am not a lawyer and of course this is
not legal advice. Bob
amitb...@gmail.com
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