Can H1-B be transferred if I-797 is expired?


#1

I have my H1-b in year 2014 but due to some reason I was able to work on H1 -b for only about 6 months and then I moved back to India. Now in 2016 I came back to US on H4 Visa , got EAD and started working in a company. Now Since H4 EAD is on athreat and I am not sure I can continue to work with H4 EAD , I want to get transferred on H1-B back. My I-797 is going to expire in August 2017, is it possible that even if my I-797 is expired I will be able to get my H1 b transferred. I still have 3 more years on my CAP.


#2

Yes you can. The new company will have to apply for extension and transfer together. In your case, COS needs to be applied too.


#3

Thank you for your reply… It was a great relief.