H1B transfer while i94 expired and petition pending.

[Jhanks]

Hi,

 

I need some help regarding my current Immigration situation.

 

I am currently employed with Company A. My current i797 has expired on March 22nd 2017. My H1B extension is filed under normal category and is in progress. My stamped visa in passport is up-to June 15 2017. 

 

I have got an offer from Company B (Company B is one of the largest retail store in US and the position is not consulting or contracting. It is full time position of ‘Test Automation Developer, Mobile’, directly with the company). They have filed for a new extension against my Company A’s extension receipt notice in CA service center under regular processing.

 

Since my i797 for Company A has already expired and its extension is still in progress, Company B’s extension petition will most likely get Rejected or get RFE for my current visa status. In case it gets rejected Company B will request for Consular Processing which will be a new H1B. When it gets approved I’ll have to leave US, get new visa stamping and come back to start working Company B.

 

Most likely my current employer Company A will revoke my petition for extension when I quit the company.

 

I have the following questions for General processing:

 

-Considering the complication of my case, should I quit company A and join Company B under Receipt Notice(considering the fact that i have 240 days post my i797 expiry)?

 

-In case my current employer Company A revokes my petition for extension and Company B’s extension is still in progress, am I eligible to work for Company B legally? 

 

-In case my Company B’s petition for extension gets rejected am I eligible to work for Company B while the Consular processing is in progress or I will have to leave US immediately, go to India and wait for Consular petition to get approved ?

 

 -How much time does it generally take for the Company B’s consular petition to gets approved in this scenario after Company B’s extension petition is rejected?

 

-What are the chances of this process not going through and me ending up loosing my job, visa and have to return to India jobless?

 

Its urgent any help will be appreciated.

[codematter]

 

If there are more than one petition, then they are said to be  creating a “bridge” of H-1B petitions.

If the Petitions were filed within the i94 time frame, then the outcome of such petitions have no bearing upon other, ie they will treated independent.

If the Petitions were filed after i94 expiry, then any one rejection of petitions will get all the petitions rejected.

 

for more please check page 14-15 of this memo of USCIS - https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2008/ac21_30may08.pdf