Extension or Transfer related query for H1B Visa

Hi All,

I have H1B stamped and its validity on passport is from 1st Oct 2013 till 30th Sept 2014. When I checked my I-797B, notice of action document there also the start and expiry date is same. I have yet not traveled to US on my visa.


I have heard from someone that even if Visa expiry is early the petition is valid for 6 years and one can get Visa extended (without being considered under the cap) without issues but my I-797 shows expiry date of 30th Sept 2014, so does that mean when my visa will expire (on 30th Sept 2014) the petition will also expire and I will not be able to file for visa extension??


I have one more question: In case I change my company before 30th Sept 2014 and my current employer cancels my petition and the new employer is ready to transfer my H1B, in my scenario, as stated above, is this a valid scenario? Can I get my visa transferred to the new employer (keeping in mind that I-797 shows expiry date of 30 Sept 2014)??


Any help on this will be highly appreciated.... Thanks in Advance !!

Cap-Exemption is for 6 years from approval, which means u don’t need to go thru lottery for coming 6 years… ur visa validity is till 30th sep 2014, which means u can stay in US till that time… However it can be extended by applying extension if ur employer wills… Or else U can also find an employer and get it transferred

Thanks RaNa, this is really very helpful. Just one question on this - If I plan to get my H1B transfer to other employer and my current employer chooses to cancel the petition filed by him, still my new employer will be able to do that? and this will again be Cap exempted??