mrcoolbuddy Posted August 8, 2019 Report Share Posted August 8, 2019 Hi All, Can you please give advice for my below situation: I am currently on H1b with my current employer expiring on 10/23/2019 working at client's place in Maryland. Client offered me full-time and initiated H1-b transfer in premium and we got a specialty occupation RFE (they used 15-1199 SOC Code with Automation Test Engineer title) and RFE response date is 9/23/2019 and law office will respond only in mid September for RFE. My current employer is ready to apply extension, but only in normal processing. He may file it in a day or two in normal processing. My client is asking if i can come on their W2 now and asking my employer to not file the extension now, as i can legally work for them on receipt now because client is saying that my H1-b transfer decision will come first as it is premium processing. If my employer files extension petition and also approved after my transfer petition - they are saying that client petition will be void and i have to go back to my current employer as latest I-94 would be valid always; again they have to file one more transfer petition for me. Is this really true? I am thinking that I can continue with my full time opportunity even though the I-94 is not the latest, please advice. My plan is to apply for the extension also just to be on the safer side as the client petition got RFE and my current employer will not file in normal processing at any cost - what would you suggest in this case. We also have an option to request my employer to withdraw his petition after my client petition got approved, but it will be out of our control by that time. Thanks, Quote Link to comment
GCoder Posted August 11, 2019 Report Share Posted August 11, 2019 client is lying about the fact that their transfer will be void. the worst case would be that you need to exit and reenter after stamping. you should nudge your current employer to apply extension in premium. Quote Link to comment
mrcoolbuddy Posted August 12, 2019 Author Report Share Posted August 12, 2019 Thank you for the response, can you please explain me the scenario for "exit and reenter after stamping", do you mean to say if i leave the country. I do not have stamping with my current employer too. I have stamping with one of my previous employers as i haven't left the country in last 6 years. My current employer will not file in premium no matter what, he's an dictator and I should curse myself to be in this situation being with him until this stage of my extension. Quote Link to comment
mrcoolbuddy Posted August 13, 2019 Author Report Share Posted August 13, 2019 Thank you for the response, can you please explain me the scenario for "exit and reenter after stamping", do you mean to say if i leave the country. I do not have stamping with my current employer too. I have stamping with one of my previous employers as i haven't left the country in last 6 years. Quote Link to comment
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