View Full Version : Being laid off, H1B transfer question.

03-02-2011, 02:40 AM
Hi Gurus,
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.

03-02-2011, 07:27 AM
Sorry to hear about your upcoming hardship..
I 've had a similar situation recently - where my H1B (with employer A) was about to expire and then another employer (B) had to recruit me, they filed for transfer+extension.
In I129 while filing, they would have to select (cant recall the exact verbiage) new employer (related to transfer) AND extension of current status. Its better to file this kind of petition premium. I got the new approved petition within 2 weeks with new expiry date as +2yrs, with start date earlier than the H1B expiry date (with A).

03-06-2011, 06:50 PM
That's helpful.
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?

03-06-2011, 07:26 PM
Yes, as long is there is a 140 or 485 pending some where some place or a Labor pending for more than a year, you are eligible for h1 extension beyond 6 years.

My first 2 extensions after 6 years were based on a labor from previous company.