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Bala_sesha

H1B transfer during extension in progress

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Hi

I am currently working in XX company and my employer has filed a petition for H1B extension. Meanwhile YY company wanted to hire me and want to initiate a H1B transfer.

1. Is it permitted to initiate a transfer while extension is on progress?

2. If permitted

  • Even if my current extension petition gets denied, How long i can stay legally until I know the decision on my H1 transfer?
  • Is it permitted to move to my new employer if my extension with old employer gets denied and transfer gets approved?
  • My current i 94 expires on May 31st. Can my new employer initiate H1 transfer after i94 expiry (meantime my extension papers for the old employer will be with USCIS)

Thanks in advance for your time and clarifications.

 

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1. Is it permitted to initiate a transfer while extension is on progress?  - I guess yes....

Is it permitted to move to my new employer if my extension with old employer gets denied and transfer gets approved? lets say your old employer denial was on April 10 and your new employer approval was on May 10. So what will be your status for 1 month. I feel you need to join new employer on receipt to be not out of status.

 

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On ‎4‎/‎8‎/‎2019 at 2:46 PM, gopalakrishnach said:

1. Is it permitted to initiate a transfer while extension is on progress?  - I guess yes....

Is it permitted to move to my new employer if my extension with old employer gets denied and transfer gets approved? lets say your old employer denial was on April 10 and your new employer approval was on May 10. So what will be your status for 1 month. I feel you need to join new employer on receipt to be not out of status.

 

Can anyone please advise on the following scenario:

Initially, My H-1B extension got approved till 08/31/2019 with Client A with Employer A and later I got a new job with Client B and after joining with Client B he has filed for my H-1B Amendment with the same employer and got it approved till 3/27/2019 and the I94 that came with the amendment approval was valid until 04/07/2019. 

That being said, my employer have filed for my H1B extension in regular processing with Client B on 3/14/2019 and it's still under process. Having, got an offer with Client C and the start date is 04/22/2019.

Can I join Client C on 04/22/2019 and file for an Amendment + Extension with Client C and once it gets approved, can my employer withdraw the H1B Extension petition that has been filed with Client B. Does this pose any immigration issue? (or) what other options do the I have to pursue the new job at Client C. P.S: I am being employed by the same employer in all the cases. Any inputs are highly appreciated. Thanks.
 

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