Transfer H1B to new employer & extend 3 year validity in 1 application?

USA H1B Visa
1

I’m in the US working in a company for the past 2 years and 3 months. My current H1B expires in January 2014. 

I want to change my job but if I do so now, the company will have to pay the costs for transfer, and then also have to pay the costs for the extension.



For an extension of H1B the rules say that an extension application can be filed 6 months prior to the current H1B expiring. Which means that I can apply for extension somewhere around August 2013.



My question is,



[b]If I wait till August 2013 to change my Job, will my new company be able to file for a Visa transfer, and along with that also indicate that the H1B is to be renewed? This will allow my new company to only pay the cost of the visa process once.[/b]



Could you please let me know if this is possible and if there are any specific Aguidelines to keep in mind or things to notify the new employer about?



Appreciate it!



Thanks,



Sid
2

That rule is applicable when the extension is filed by the employer who currently holds your petition. This means, the current employer can file for extension after Aug 2013.

For a new employer, they will have to file a new petiion (cap-exempt though) and so it’s not an extension of their own petition.

In other words, you can change employer now and your new employer can ask for a new 3 year H-1 term.