H1B Transfer and current H1 extension at the same time


Kumar R

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Hello Members,

I am currently on H1b with Company A and my current H1 expires in August. I got a full-time offer from Company B and the H1 transfer process started but it may take 1 month time from now for Company B to actually file my petition. They are filing under premium processing though. Now during this time, my Company A  is planning to start the extension process. 

If my transfer gets approved without any RFE then I am all good. If I get an RFE then the Company B will not wait to hold the offer until the RFE gets cleared and will ask me to move to their firm and they say they will respond to the RFE but I won't be sure if that gets approved or not. If I move to the Company B then Company A will not file for an extension as I won't be with them but they will not withdraw my current H1 until August expiration.

My plan is to file an extension petition from my Company A now in premium processing and if that gets approved so I will have an approved extension even after August. For any reason, if the Company B job didn't work out well or if I get an RFE for the Company B offer I will have this Company A approved extension as a backup option. Here is a problem again: If I get an RFE for my extension petition then Company A expects me to work for them until that RFE gets cleared or they will not respond to the RFE if I had to leave and will withdraw my case.

Can someone provide their opinion on how I should proceed in this situation?

Please offer your valuable thoughts.

Can my Company A still hold the valid extension for long-term without withdrawing if I move to Company B so I can always keep my Company A as a backup option? 

thanks!

 

 

 

 

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