chinks Posted October 5, 2018 Report Share Posted October 5, 2018 Situation- · Company A H1B i797A approved from Feb 2017 to Dec 2019 · Joined company B on receipt notice in Jan'2018 and there is a RFE on company B transfer. Company B replied to the RFE in Sep' 2018 and currently awaiting decision from USCIS. Case in regular processing and I joined on receipt as I was forced to do as it was an internal company transfer and filed as a H1B transfer · There is an another H1B transfer to company C initiated in July'2018 in premium processing. USCIS issued RFE on company C transfer and company C replied to RFE in Sep'2018. Now USCIS issued second RFE on the company C RFE response to provide confirmation that Company B has submitted the RFE. Company C is replying to second RFE with consular processing Question: Is it still possible USCIS approves company C H1B transfer with i94 and not with consular processing? Situation- Let's say if H1B transfer is approved with consular processing. So how does resigning from old employer works. I don't have a valid H1b stamped on passport of the old employer. Question: What is the safest way and the most late date, I can keep working for the old employer before I appear for the stamping interview for the new employer with H1B consular processing approval notice? Link to comment
Chitown01 Posted October 6, 2018 Report Share Posted October 6, 2018 1. Since "transfer" to company B wasn't approved, its like a bridge petition. So even if Company C's petition is approved, extension of stay can be denied and you will have to stop working immediately go back get a valid visa stamp and return to work. 2. Employment in the US is at will. You can just resign and walk off. 3. What's your I-94 expiration date? That's the most valid date till which you can work. Link to comment
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