H1B transfer question - need guidance about the rules

USA H1B Visa
1

Hello members,

I have an approved H1B petition. But I got the petition only for 14 months i.e. it expires on end of November 2014. Also there is no project in current employer. I am planning to transfer my H1B to a new employer and travel. Now I have the following questions.

  1. If new employer transfers H1B visa is it going to automatically cancel my petition of current employer? I mean will my current employer know by any means that I am transferring my H1B to a new employer? If not, then does it mean after my successful H1B transfer I will basically have 2 approved petitions(one from current employer and one from new employer) and I can choose any of them for stamping?

  2. If I transfer my H1B and if the petition gets approved then can the new petition be of 3 years validity provided in the document we properly justify my job duration for 3 years? Or my transferred H1B petition will also have same expiry date i.e. November 2014 since my current employer’s petition expires on November 2014?

Kindly help.

2

  1. It is not canceled. You will have 2 approved petitions and can decide to work for either employer.

  2. It will depend upon what employers asks for and what USCIS seems appropriate based on submitted documents. It can be 1-3 years. Your current petition’s validity period will not detemine the new petition’s validity.