mlumtech@gmail.com Posted July 1, 2013 Report Posted July 1, 2013 H-1B extension filed with present employer (company A) and got new job offer with another employer . New employer (company B) ready to transfer my H-1B visa. my present H-1B visa expires on 9/30/2013. My question here is does immigration law allows transfer and extension of H-1B with company B (New employer) where already company A (present employer )filed H-1B extension and it's under process? appreciate your response and thanks in advance. please do let me know if you need any more information to answer my question. Thanks.
rahul412 Posted July 1, 2013 Report Posted July 1, 2013 My question here is does immigration law allows transfer and extension of H-1B with company B (New employer) where already company A (present employer )filed H-1B extension and it's under process? Transfer and extension are two different cases. Ext is done by previous employer and transfer(nothing but new H1 cap exempt) is done by new employer. According to H1 rules, multiple employers can file H1 for single employee. So you are good to go. Tip: Do not join the new employer until your H1 is approved.
mlumtech@gmail.com Posted July 2, 2013 Author Report Posted July 2, 2013 Thanks for your time Rahul. i am bit not clear here. while H-1B extension under progress/Process with company A . does company B should bale to file H-1B transfer for the same applicant? or company B should wait till extension get approved for company A then only company B can file transfer. Thanks in advance for your time.
rahul412 Posted July 2, 2013 Report Posted July 2, 2013 Thanks for your time Rahul. i am bit not clear here. while H-1B extension under progress/Process with company A . does company B should bale to file H-1B transfer for the same applicant? or company B should wait till extension get approved for company A then only company B can file transfer. Thanks in advance for your time. I am not sure about this scenario. But my guess is, since your initial H1 is approved I think new employer can file your H1 even your ext is under process. I am not 100% sure here.
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