H1B Transfer and H1B extension at the same time...


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HI,

I am in my 1st term of H1B with Employer A and my H1B is valid until Aug 31 2012.

A new employer B has applied for my H1B transfer and status is still pending.

However my current employer A wants to apply for my H1B extension by the end of next week.

(they do not want to wait any further...)

I would like to know if it is OK to file for H1B extension while a H1B transfer petition is pending?

If there is an RFE on H1B transfer from employer B before I apply for H1B extension from employer A, can I still apply for H1B extension with employer A?

or

What happens if both the petitions get approved? i.e., can I only work for the petitioner whose petition got approved the latest?

Please advice. I am confused...

Thanks,

Raj.

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You can have n number of approved h1b petitions - we call it transfer, but it's essentially a new petition being filed which is cap exempt.

It doesn't matter even if you file for your existing h1 extension at the same time. If both get approved, you can choose either one to work on.

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