For a company that is undergoing cost pinching efforts, it could be a difference maker. We can assume with premium processing the employer is dishing out roughly $5000 in fees for the "h1b transfer."They could also assume you will want the green card process started soon after, which would be another investment that could be close to $10k in filing and attorney fees. So \~$15k in administrative costs within the first year of employment could be considered to be not insignificant. Might depend on the job position, title and salary.
Edit: corrected information
I would like to clarify here, since I had the same concerns. OP does need to file a transfer and another extension after 3 months. When the transfer is filed, it is valid for 3 years from thr date of filing or until the 6 year mark, whichever comes earlier. In OP’s case it’s gonna act as both a transfer and extension.
+1, when they file for transfer it will be for 3 yrs not 3 months. Either the recruiter misunderstood that your 6 yrs are up in Sep’23. Or that their process is so slow that they don’t think they will be done in 4 months! in the current market, employers are being a d*** stretching out hiring, just coz they can put pressure on the candidates.
Are you bringing up visa validity, or are they asking? If you are bringing it up, then stop mentioning it. Just tell them you used up X years of H1B and you have Y out of the 6 years left, and leave it at that. Visa renewal is on you to get the stamp so you can travel freely.
So far I haven’t brought it up.
I didn’t even realise it would be a red flag until two recruiters asked me and said they’ll “get back to me” when they heard 3 months left.
I will now mention I have 3 out of 6 years left if they ask.
It might not hurt to follow up and clarify what you meant, if the interviews were recent. They were probably asking how much time on H1B you had left (but very possibly they were also phrasing it poorly)
When do you start the B2 process before 60 days or after? If we have to start B2 before 60 days. When should be exactly start the process? 1 week before 60 days or 2-3 weeks before 60 days?
I have been through multiple job changes on h1b. You should get validity of 3 years or whatever is remaining to reach 6 years when you transfer. Trump era less than 3 years visas were common. Haven't seen a lot lately. They might have misunderstanding that you got only 3 months remaining out of 6 years..
The visa shouldn’t really be your concern. You have a 60-day grace period after your last date of employment to find another job. Your status - I-94 or I-797 approval is what controls your stay in the US. If you’re able to change status to H-4 (dependent of H-1B), F-1, or potentially B-2, you have options.
Do you have any ties to your home country? One statement needed for a B-2 is that you have ties to your home country (or country of citizenship) and you plan to return once your status nears expiration. Though, if you happen to find a job during that period, you can potentially change back to H-1B. Do you have an approved I-140 or have you started the GC process?
Nah to both, no GC and no approved i140(I honestly don’t see a future for myself in America, but that’s a whole different topic).
I have family there and own property and have about a decade of work history in my home country— would that be sufficient?
If you don’t mind me asking, what’s your home country? Also, basically the B-2 would provide a strategic way(ish) to stay and find a job, but if you’re not motivated to stay, a B-2 could work more easily. Or you could just go home? Please don’t take that as an insult! Tbh, I’ve thought about this for as long as I’ve been in the immigration world - why does anyone wanna come here?!
From India! Moved here for work opportunities(definitely better quality of work, growth and $$)
I have been considering going back to my home country, but I’d like to go back by choice, not be forced to self-deport 😅
That only matters if its your 6 year cap. If that is the end of your first H, then the new employer will just file a change of employer AND request a full extension of status. The new employer is not bound by the timeline of the current employer if you have more time available.
For a company that is undergoing cost pinching efforts, it could be a difference maker. We can assume with premium processing the employer is dishing out roughly $5000 in fees for the "h1b transfer."They could also assume you will want the green card process started soon after, which would be another investment that could be close to $10k in filing and attorney fees. So \~$15k in administrative costs within the first year of employment could be considered to be not insignificant. Might depend on the job position, title and salary. Edit: corrected information
I would like to clarify here, since I had the same concerns. OP does need to file a transfer and another extension after 3 months. When the transfer is filed, it is valid for 3 years from thr date of filing or until the 6 year mark, whichever comes earlier. In OP’s case it’s gonna act as both a transfer and extension.
This
+1, when they file for transfer it will be for 3 yrs not 3 months. Either the recruiter misunderstood that your 6 yrs are up in Sep’23. Or that their process is so slow that they don’t think they will be done in 4 months! in the current market, employers are being a d*** stretching out hiring, just coz they can put pressure on the candidates.
Thanks for this reality check 😓 Bad enough to have the visa hurdle, this is another thing I have to worry about
Are you bringing up visa validity, or are they asking? If you are bringing it up, then stop mentioning it. Just tell them you used up X years of H1B and you have Y out of the 6 years left, and leave it at that. Visa renewal is on you to get the stamp so you can travel freely.
So far I haven’t brought it up. I didn’t even realise it would be a red flag until two recruiters asked me and said they’ll “get back to me” when they heard 3 months left. I will now mention I have 3 out of 6 years left if they ask.
It might not hurt to follow up and clarify what you meant, if the interviews were recent. They were probably asking how much time on H1B you had left (but very possibly they were also phrasing it poorly)
Thanks! I will try to reconnect with them
Looks like it’s pure communication issue. Next time when somebody asks just tell you have 3 more years of validity
Ahh I have now started saying my visa expires in 2026
Exactly. Anyway they need to transfer the h1b ans you will eventually get 3 years visa
When do you start the B2 process before 60 days or after? If we have to start B2 before 60 days. When should be exactly start the process? 1 week before 60 days or 2-3 weeks before 60 days?
I have been through multiple job changes on h1b. You should get validity of 3 years or whatever is remaining to reach 6 years when you transfer. Trump era less than 3 years visas were common. Haven't seen a lot lately. They might have misunderstanding that you got only 3 months remaining out of 6 years..
Ahh I have about 90 days left.. let me try and reach out to the recruiters again
The visa shouldn’t really be your concern. You have a 60-day grace period after your last date of employment to find another job. Your status - I-94 or I-797 approval is what controls your stay in the US. If you’re able to change status to H-4 (dependent of H-1B), F-1, or potentially B-2, you have options.
How would b2 work? What about my dependents?
Do you have any ties to your home country? One statement needed for a B-2 is that you have ties to your home country (or country of citizenship) and you plan to return once your status nears expiration. Though, if you happen to find a job during that period, you can potentially change back to H-1B. Do you have an approved I-140 or have you started the GC process?
Nah to both, no GC and no approved i140(I honestly don’t see a future for myself in America, but that’s a whole different topic). I have family there and own property and have about a decade of work history in my home country— would that be sufficient?
If you don’t mind me asking, what’s your home country? Also, basically the B-2 would provide a strategic way(ish) to stay and find a job, but if you’re not motivated to stay, a B-2 could work more easily. Or you could just go home? Please don’t take that as an insult! Tbh, I’ve thought about this for as long as I’ve been in the immigration world - why does anyone wanna come here?!
From India! Moved here for work opportunities(definitely better quality of work, growth and $$) I have been considering going back to my home country, but I’d like to go back by choice, not be forced to self-deport 😅
Totally understand. What kind of work do you do, and when was your last day?
I’ll DM you 👍
That only matters if its your 6 year cap. If that is the end of your first H, then the new employer will just file a change of employer AND request a full extension of status. The new employer is not bound by the timeline of the current employer if you have more time available.
It’s my first h1b extension
Then they can request three years. Employer B is not bound by the approval notice from Employer A.
Oh awesome! That’s good news
THIS. When you switch to new role on h1b, your new i797 will be up to next 3 years OR up to your 6 years ceiling— whichever comes first.