H1B transfer for compA to compB


#1

Hello,
I was approved for 3yrs of H1 from comp A but got terminated recently. I was looking for Jobs, but with present condition, I am getting hired on a contract position for 6 months for now with multiple layers. Do you know if USCIS can decrease my H1B stay from 3yrs to 6 months with a new petition since this new job is a contract position for 6 months only or my previous 3 yrs visa status will not get compromised/impacted?
I will really do appreciate any feedback, thanks in advance.


#2

Do you know if USCIS can decrease my H1B stay from 3yrs to 6 months with a new petition since this new job is a contract position for 6 months only or my previous 3 yrs visa status will not get compromised/impacted?
Ans: It is possible that USCIS may approve your new H1 petition for 3 years or lesser term depending on your new job offer terms.


#3

Thanks for responding back to my question.
It is a very tricky situation nowadays. So my contractor is hiring me full time with a promise that they will continue my pay and also find another contract or extend my contract as soon as my present contract of 6 months is over. Do you think…

  1. USCIS will consider this a full-time position or they will only consider it for 6 months period?
  2. “It is possible that USCIS may approve your new H1 petition for 3 years or lesser term depending on your new job offer terms” also can you elaborate on what basis USCIS makes this decision?

#4

No, for companies with consulting only as a business, USCIS look at the employee’s client project and tries to approve visa for the contract period of time but USCIS doesnt (usually) look at the consulting company’s employment as a FULL TIME employment for H1B visa valid term while approving.

As I said above, USCIS would try to decide on the term depending on the potential and payable LENGTH of the work(usually the client contract term for the Conslutng ONLY type of businesses.