It seesm that the legal consultant is really intractable and too much conservative. Right now you have two options. I doubt that your legal consultant will allow you to take the second option. You are challenging his authority.
1) If at the end of your current H-1B, your LC is over one year old. You can extend your H-1B beyong 6 year limit in the transfer. So you can request an ending date in your h-1b transsfer 1 year after the expirate date of your current H-1B. That is for sure and is positively answered in Yate's memo.
2) Just request an three-year transfer and see what CIS will do with your application. Stay with your current company until the transfer is approved. I really do not think that your H-1B transfer will be denied because of such a narrow interpretation of law and CIS memo.
1) If at the end of your current H-1B, your LC is over one year old. You can extend your H-1B beyong 6 year limit in the transfer. So you can request an ending date in your h-1b transsfer 1 year after the expirate date of your current H-1B. That is for sure and is positively answered in Yate's memo.
2) Just request an three-year transfer and see what CIS will do with your application. Stay with your current company until the transfer is approved. I really do not think that your H-1B transfer will be denied because of such a narrow interpretation of law and CIS memo.
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