Job change - both H1B transfer and H1B Ext pending

[kas2013]

Hi, my current H1b (and current I-94) expires in mid Oct this year.

 

A potential new employer (B) filed for my visa transfer + extension in April end this year. I did not make the switch because I wanted to wait for the approval.

 

In the meantime, my existing employer (A) also filed for my H1B extension in May end. Currently I am continuing with my existing employer (A) but do want to make a switch to the new employer (B), The new employer (B) says that they will convert my application to a premium processing as soon as I join them.

 

Both the applications were filed under regular processing and both are currently "Under Review" status on USCIS site.

 

Questions:

1. Is it ok to join the new employer B and convert my application to premium processing now?

2. If I plan to join employer B by end of Sept and if they convert it to premium processing, can I expect a decision by Mid Oct (in 15 days or so), before my I-94 expires?

3. Will it be a better choice to wait for visa extension application from employer (A) to get approved and then ask new employer (B) to file a transfer (and also withdraw the transfer/extension petition they filed in April this year)?

 

Would appreciate any suggestions in this regards.

 

Thanks

[jairichi]

Hi, my current H1b (and current I-94) expires in mid Oct this year.

 

A potential new employer (B) filed for my visa transfer + extension in April end this year. I did not make the switch because I wanted to wait for the approval.

 

In the meantime, my existing employer (A) also filed for my H1B extension in May end. Currently I am continuing with my existing employer (A) but do want to make a switch to the new employer (B), The new employer (B) says that they will convert my application to a premium processing as soon as I join them.

 

Both the applications were filed under regular processing and both are currently "Under Review" status on USCIS site.

 

Questions:

1. Is it ok to join the new employer B and convert my application to premium processing now?

2. If I plan to join employer B by end of Sept and if they convert it to premium processing, can I expect a decision by Mid Oct (in 15 days or so), before my I-94 expires?

3. Will it be a better choice to wait for visa extension application from employer (A) to get approved and then ask new employer (B) to file a transfer (and also withdraw the transfer/extension petition they filed in April this year)?

 

Would appreciate any suggestions in this regards.

 

Thanks

(1) It is ok to do but it is wise to wait for approval. Ask them to do premium processing now before you join.

(2) Possibly if no RFE is received.

(3) You can wait for extension approval from employer A. And, later when employer B's transfer (cap exempt H1B petition) gets approved you can move to employer B, if you want.

[kas2013]

Hi Jairichi, thanks for your prompt response. I have additional questions and would appreciate if you can give me your opinion on them.

 

The employer (B) agreed to convert my application into premium mode and have done so on 23rd Sept. So, currently the status is as follows:

 

1. Employer B filed my H1B transfer + extension in April end and converted to premium on 23rd Sept.

2. Employer A filed my H1B extension in May end is currently in normal processing mode itself.

 

Both of the receipt status shows as "Under Review" and my I-94 is expiring on 15th Oct.

 

Now employer B is expecting me to join them as soon as possible.

 

1. Is it mandatory for me to join employer B before the expiry of my current I-94 or I can join them after that too (in case by that time decision for employer B's petition is still pending with USCIS).

2.  Does USCIS send information to an employer saying that another employer has filed a transfer/extension for its employee. I want to avoid any situation wherein my employer A knows about this even before I resign them.

3. In order to avoid any complexity, would you suggest me to wait for the approvals before I join employer B?

 

Thanks in advance.

[jairichi]

Hi Jairichi, thanks for your prompt response. I have additional questions and would appreciate if you can give me your opinion on them.

 

The employer (B) agreed to convert my application into premium mode and have done so on 23rd Sept. So, currently the status is as follows:

 

1. Employer B filed my H1B transfer + extension in April end and converted to premium on 23rd Sept.

2. Employer A filed my H1B extension in May end is currently in normal processing mode itself.

 

Both of the receipt status shows as "Under Review" and my I-94 is expiring on 15th Oct.

 

Now employer B is expecting me to join them as soon as possible.

 

1. Is it mandatory for me to join employer B before the expiry of my current I-94 or I can join them after that too (in case by that time decision for employer B's petition is still pending with USCIS).

2.  Does USCIS send information to an employer saying that another employer has filed a transfer/extension for its employee. I want to avoid any situation wherein my employer A knows about this even before I resign them.

3. In order to avoid any complexity, would you suggest me to wait for the approvals before I join employer B?

 

Thanks in advance.

1. As long a decision is pending with USCIS you are in legal status in US. But, do not start working for employer B unless you get approval, though you can begin working for employer B with just receipt notice. But, in this forum there are instances where they started working based on receipt notice and got stranded when H1B transfer to new employer was denied.

2. No

3. Yes. If employer B petition gets approved and you decided to join B then ask employer A to withdraw extension petition.

[kas2013]

Thank You again. I appreciate your response. In response to your suggestion for question no.1, I just want to reconfirm that when my current I-94 expires on 15th Oct and say if I join company B on 17th Oct, then company A will withdraw my application and two days extra (16th & 17th Oct) that I worked for company A will be considered out of status. Is this the case or I will not be out of status because for those two days I had an extesniosn application pending for Company A?

 

Thanks in advance.

[jairichi]

Thank You again. I appreciate your response. In response to your suggestion for question no.1, I just want to reconfirm that when my current I-94 expires on 15th Oct and say if I join company B on 17th Oct, then company A will withdraw my application and two days extra (16th & 17th Oct) that I worked for company A will be considered out of status. Is this the case or I will not be out of status because for those two days I had an extesniosn application pending for Company A?

 

Thanks in advance.

Since your company A's extension is pending for a decision you would be considered in status.