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PDF Editor FAQ

What's the exact impact of the new H-1B memo?

If you already had a H1-B (went through the lot, got selected and approved), then before this memo, your chances of being granted an extension was pretty much a given unless there was a substantial change in your application ( e.g., location, job duties, employer etc.,)Now however, if you established as a fact through your original petition that your employer is legit, pays taxes regularly, has a need to sponsor a foreign individual etc., you need to prove it all over again in every single petition you submit to USCIS.

Can I work on a pending H-1B transfer beyond 240 days if the attorney filed an amendment 4 months after the original petition?

I guess we as immigrants need to wake up and let the government know about our importance. This country was built by immigrants and they take ridiculous amount of days to process an application and ridiculously backlogged green cards for India an China. I guess US has become less welcoming for Skilled immigrants. Time to go back home!

Can I change my employer and transfer an existing H1B visa outside USA without falling under the H1B cap?

As other answers suggest, it's technically not a transfer but a new application not subject to the cap for the year. Your new employer would file a petition using the old employers papers. It doesn't count in the cap for the year but needs to be done before six years from the start date on the original petition ends. It can be a long and frustrating process so the only thing is to not lose heart.Source: I was in the same situation recently and got the 'transfer' done successfully

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