H1B extension / transfer from Multiple employers

[CodeMad]

Friends,

A couple of doubts I have.

My I-94 is getting expired in next 2 weeks. My current employer is going to file a petition for extension. So I'm good to stay in the US till the decision arrives to the max of 240 days.

Questions

1. I have another employer who is now ready to hire me. Can more than 1 H1B extension OR transfer petitions exist in parallel?

(The new company was telling me that the new petition has to wait till the decision is made on the first one. Is that true?)

2. If both of them gets approved, Do I have the freedom of staying with the one I want and leave the other one?

Thanks,

-CodeMad

[sk.january]

1. Yes more than one H-1B petitions can be filed by different companies.

The new company doesn't have to wait on a pending or an un-filed H1 from your current employer. The new company needs to file it while your previous H1 is still un-expired 'or' your while your new-H1 extension is pending to get an extension of status (if current employer is unsure of an approval on the extension).

2. Yes

But you still need to be working for your employer so you don't go out of status.

[CodeMad]

Thanks sk.january for the reply.

Regarding #2,

But you still need to be working for your employer so you don't go out of status.

When both the extensions are approved, I understand that I can either continue working with the current company OR quit the current one and join the new company. Am I correct?

[t75]

How do you intend to comply with the contract terms of both?

[CodeMad]

I won't be. I can either work for the current company OR the new company.

My question was just to clarify the point that, can multiple extension / transfer petitions exist in parallel. If all them gets approved, can i choose the one i want to pick, so that i work only for that company and leave the other one.

[madsap]

Hi,

 

I am also in the same situation and answer to this question is very helpful. I have two more doubts and would appreciate if someone can help me.

 

1. If extension, applied by my current employer is denied/ RFE and my future employer has not started the process of filing extension, can future employer still file for my H1B extension?

 

2. if my current and future employer, both have filed for my H1B extension and one of them gets rejected, will it have negative impact on the processing of other one?