H1b Transfer Approved for 1 year


cupertinoguy

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I am currently working on H1B with Company A and 7th year is in progress, I-140 Approved and current extension valid till Jan 2014

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I was offered job by Company B and they did h1 B transfer, the transfer was approved for 1 year till Sept 2012. I have not joined new company B yet.

If I chose NOT to join company B

  1. Are there any complications to validity of my current I-94 ? I assume since transfer has happened the I-94 will be reduced from Jan 2014 to Sept 2012. If yes and how do I get it extended.
  2. Does company A(current company) need to transfer the petition/visa even if I have not joined the new company?
  3. Will there be any visa stamping issues with Company A due to multiple petitions due to transfer?
  4. If company B cancels new petition then what happens to current I-94?
  5. Do I need to surrender company B’s I-94 at time of exit out of USA?
  6. Having multiple H1B petition can create problem in GC?
  7. Any other concerns?

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If you are currently working for Company A and chose not to work for Company B upon the start date of employment, you would continue to stay in status pursuant to your I-94 from Company A's petition as long as Company A did not withdraw their case and you maintained the terms and conditions of H1B status as indicated in their petition.

Company B would likely withdraw their petition but you should notify them of your intention not to work for them as of the start date so they are on notice. Company A would have to timely file another extension request before the expiration of your current I-94 to keep you in H1B status. As long as there are no gaps in your nonimmigrant status, multiple transfers should not create a problem for getting a green card later on.

H1 transfer issues can become complex so you should discuss your plans with an experienced immigration attorney before making any moves.

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