H-1B Transfer and Extension

[sacrosanct]

Hi Friends,

 

Here is my situation:

 

Current H-1B I-94 Expires: 30th Sep. 2013

 

Working for Company A and they are planning to file for the H-1B extension in premium this week.

 

Received offer from Company B, and I am willing to join them and they plan to file for the H-1B extension next week. Currently they are working on the LCA.

 

I have read in many places here that for USCIS H-1B extension and transfer is just treated as a new petition.

 

My question is :  If both my extension and transfer petition reach USCIS at the same time will it cause a problem to my status or

If both of them get approved which will have the I-94 to it reflecting my extension.

Will filing both concurrently will cause the transfer petition to be on hold until the extension is approved.

 

Please help

 

Thanks

[jairichi]

Hi Friends,

 

Here is my situation:

 

Current H-1B I-94 Expires: 30th Sep. 2013

 

Working for Company A and they are planning to file for the H-1B extension in premium this week.

 

Received offer from Company B, and I am willing to join them and they plan to file for the H-1B extension next week. Currently they are working on the LCA.

 

I have read in many places here that for USCIS H-1B extension and transfer is just treated as a new petition.

 

My question is :  If both my extension and transfer petition reach USCIS at the same time will it cause a problem to my status or

If both of them get approved which will have the I-94 to it reflecting my extension.

Will filing both concurrently will cause the transfer petition to be on hold until the extension is approved.

 

Please help

 

Thanks

It will not cause any problem. If both are approved then you have to choose who you are going to join.

[sacrosanct]

Thanks Jairichi.

 

My petition has been approved.

 

For folks out there in similar situation. I had spoken to my immigration attorney and they advised the below:

 

1. As long as the current I-94 is valid any number of petitions can be filed by any number of employers and you will be eligible to choose and work with any one of them.

 

2. However if the current I-94 is expired then the petition that is filed for the extension will hold precedence and even if the new transfer filed after the I-94 expiration is approved that may not have a new I-94. Then the beneficiary may have to go outside US and get his new transfer petition stamped to return back .

 

Many combinations possible for 2. Contacting the attorney will be best idea to figure out what to do in 2.

 

Thanks everyone at Murthy Forum for keeping things live and helping each other out.

[jairichi]

Thanks Jairichi.

 

My petition has been approved.

 

For folks out there in similar situation. I had spoken to my immigration attorney and they advised the below:

 

1. As long as the current I-94 is valid any number of petitions can be filed by any number of employers and you will be eligible to choose and work with any one of them.

 

2. However if the current I-94 is expired then the petition that is filed for the extension will hold precedence and even if the new transfer filed after the I-94 expiration is approved that may not have a new I-94. Then the beneficiary may have to go outside US and get his new transfer petition stamped to return back .

 

Many combinations possible for 2. Contacting the attorney will be best idea to figure out what to do in 2.

 

Thanks everyone at Murthy Forum for keeping things live and helping each other out.

Thank you for the update sacrosanct. And, also for posting clearly your attorney's views in issues like these.