H1 transfer, new petition cancelled, effect on current H1

[blancx]

Hello,

I am currently working on H1-B visa for company A. I recently accepted an offer from company B and company B will begin my H1 processing soon.

I am aware that I do not need to wait for an approval from the USCIS for the petition from company B and can begin working for company B as soon as the H1 petition is filed based on filing receipt.

I am also aware that if I begin working for company B based on filing receipt and if the H1 petition from company B is denied and if company A has withdrawn my H1, then I will have an issue with legal status. I therefore plan on begining working for company B only after I have USCIS approval. I have taken this approach in the past.

I recently heard that if my H1 transfer petition from company B is denied while I am working for company A, then my current H1 with company A is also no longer valid. The reasoning being that the most recent H1 decision prevails.

This does not seem correct to me. Although, I could totally be wrong. Could someone please verify?

Thanks!!!

[blancx]

Apologies, the title should read "If new petition denied" instead of "new petition cancelled." I guess this better describes the situation in the post. Thanks!!

[kalyan_ac]

Hello,

I am currently working on H1-B visa for company A. I recently accepted an offer from company B and company B will begin my H1 processing soon.

I am aware that I do not need to wait for an approval from the USCIS for the petition from company B and can begin working for company B as soon as the H1 petition is filed based on filing receipt.

I am also aware that if I begin working for company B based on filing receipt and if the H1 petition from company B is denied and if company A has withdrawn my H1, then I will have an issue with legal status. I therefore plan on begining working for company B only after I have USCIS approval. I have taken this approach in the past.

I recently heard that if my H1 transfer petition from company B is denied while I am working for company A, then my current H1 with company A is also no longer valid. The reasoning being that the most recent H1 decision prevails.

This does not seem correct to me. Although, I could totally be wrong. Could someone please verify?

Thanks!!!

You are right, the petition with company A still holds good.There is no such thing as the latest H1b prevails.

Thats only for I-94 not H1b.