Hi, I have a query if I can go with a H1B transfer. I'm on my H1B work permit with Company A working in the USA. H1B is issued from Jun 01 2020 to May 01 2023. I've my valid I-140 with Company A - priority date Jan 2015. I was outside of USA from Jun 2019 till Oct 2021. I started working from Oct '21 in the USA. I received an offer from Company B. Currently, I have ~6 months validity with my current H1B with Company A. If I initiate my H1B transfer to Company B, say today - Nov 14 202, what would be the possible approval date that I will get if I go with my H1B transfer with Company B? Can you please advise?
At the very least, a H-1B transfer to another employer if approvable can be approved up to the end of June 2026 if the employer agrees to sponsor up to that period of time. H-1B visa status is generally good for a maximum of six years. You can probably get the entire three years by showing that you have a valid I-140 petition approval which has not been revoked and in which the priority date has not long passed your country’s availability date. If not through that method, you can also get the full three years by showing that you were out of the US for the period of time that you mentioned since time spent outside the United States while under H-1B visa status can be recaptured. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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