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chinks

H1b Transfer Need Help

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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?

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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. 

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