Can I get consular processing for company B without resigning from company A

Recommended Posts

Dear lawyers,

I am in a very complex situation here, below is my issue described in time line:
Mar. 2018, I was terminated from company A, H-1B revoked, I was in 60-day grace period; 
Apr, 2018, company A rehired me and filed H1B petition within 60-day grace period at regular processing speed. I resumed work one day after USCIS received package (not on receipt notice) under H-1B portability per attorney A's advice; 
Jun. 2018, I got new offer from company B 
Aug, 2018, I got H-1B transfer approved for B, however, it was issued with i-797B, the USCIS denied my i-94 extension citing I was not allowed to work during grace period without approval from USCIS, thus they denied my grace period too, which freaked me out. 
Then I requested immediate premium processing for company A's petition (was pending all the time) and was issued i-797 A with i-94 extended for another 3 years. My status was justified by this i-797A from company A;

---------now I am in a dilemma: I can legally work for company A, but can't work for company B due to request of consular processing--------------
Sep. 2018, company B filed Motion to Reopen MTR with company A's i-797A to reopen my case; 
However, No receipt # issued so far (3-months), nothing even heard from USCIS; 

I already waited 6 months since I took offer from company B, both us are running out of patience now
1. Shall I resign from A and get consular visa for company B? what are the much chance is it to be denied of visa stamp? 
2. Can I do the consular visa for B without resign from A yet ? and I will only resign after it approved so I can be safe. Is that allowed? 

Your professional advice is much appreciated! Sincere thanks! 

Link to comment
19 hours ago, pontevecchio said:

It is a complex question for a forum . Why did A agree to PP if you were not working there.?  If you want legal guidance give the firm of Murthy or any of your choice a call.

I haven't started working for company B now, and A didn't know anything about new offer. Besides, I paid the premium processing fee out of my own pockets to expedite the A's pending H-1B.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.