two H1B approved, working on 1, what happens to the other?

[hurawan]

Hi I have few questions and I seek advise, let me provide the background that would help in understanding my situation better;

I got H1B approved for my self and H4 for my spouse till Aug 2014 from employer A, my employement ended by end 2012 with employer A and they revoked my H1B. Company B (consulting company) applied for my H1 transfer under premium and I started working for their client, I got an RFE and the project also ended in 2 weeks due to funds issue, company B replied to RFE, meanwhile I got and offer from company C, they applied for my H1 transfer also based on my first approved H1 (as company B's H1 was still pending), I started working for company C. I got approved H1B from company B and C on the same day validity till Sep 2015. I am still working with company C.

Question 1) If I continue to work for company C, what will happen to my approved H1 from company B? will it be revoked after some time? Can I keep both the H1's active if yes how?, If I keep both the H1B's active how will the time be deduted from my H1 duration?

Neither of my new employers' i.e., employer B or C applied for H4 extention for my spouse as they stated that my spouse is good till my first H1B's expiration date i.e., Aug 2014?

Question 2) Considering that the above statement is true, then when should I apply for my spouse's extention?

Questions 3) I got my H1B and my spouse's H4 cos is US, I have the form I797 with valid i94 but no visa stamped on our passports, can we go to canada to get our visas stamped, if yes can the above situation create and problems in visa endorsement?

Really apprecite the help in responding to above questions.

Regards.

Hurawan

[wiweq]

"two H1B approved, working on 1, what happens to the other?"

=> You don't need to do anything with other H1b. It's not going to harm you. Better to write an email to the other employer that you are no more interested in their employment. This will make sure you were aware of this H1b and don't intent to maintain your H1b with that employer. Now it's employer's job to revoke this H1b.

Remember, you can have multiple H1b filed/ approved; but you would have to maintain your H1b status with at least one employer by working for them and getting paid every pay cycle.

[Attorney_25]

As long as you are working properly in H-1B status under the terms of one petition, any other approved petition is the responsibility of the employer to handle. Neither this nor your wife's H-4 issue will effect visa issuance. Your wife only needs to show that she was remaining in the US under the terms of an unexpired I-94, to prove that she was not unlawfully present. Her visa will be issued based on your I-797, not on her I-94 or any extensions on form I-797. It is a good idea to have a qualified immigration attorney assist you with your visa application.

[hurawan]

As long as you are working properly in H-1B status under the terms of one petition, any other approved petition is the responsibility of the employer to handle. Neither this nor your wife's H-4 issue will effect visa issuance. Your wife only needs to show that she was remaining in the US under the terms of an unexpired I-94, to prove that she was not unlawfully present. Her visa will be issued based on your I-797, not on her I-94 or any extensions on form I-797. It is a good idea to have a qualified immigration attorney assist you with your visa application.

Thanks for the advise.