H1b Extension filed by two employer


sivaprakash

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Hi,

 

i am currently working for  A company and visa ends on Dec 31 2014, my extension is filed on sept 1 is still in initinal review, mean while i got offered in Company B and that company files my extension  on  nov 12 2013 and reciept recieved.

 

Currently working for Employer B

 

Questions:

1. if  employer A withdraws his extension , whether i am  able to work with extension filed by NEW employer B.

2.whether my extension filed  my employer A gets   RFE , whether i am  able to work with extension filed by NEW employer B

 

3. if  employer A extension gets denied , whether i am  able to work with extension filed by NEw employer B.

 

Please clarify on this

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Hi,

 

i am currently working for  A company and visa ends on Dec 31 2014, my extension is filed on sept 1 is still in initinal review, mean while i got offered in Company B and that company files my extension  on  nov 12 2013 and reciept recieved.

 

Currently working for Employer B

 

Questions:

1. if  employer A withdraws his extension , whether i am  able to work with extension filed by NEW employer B.

2.whether my extension filed  my employer A gets   RFE , whether i am  able to work with extension filed by NEW employer B

 

3. if  employer A extension gets denied , whether i am  able to work with extension filed by NEw employer B.

 

Please clarify on this

Company B did not file for extension. It is a cap exempt H1B petition.

1, 2 & 3. Though you can work with employer B based on receipt notice it is better to wait for approval. Ask employer B to do premium processing.

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You are safe because of the fact that your H-1B with company A ends on 31-Dec-2013 (I think there is a typo in your post of 2014?). So whatever happens to the extension filed by company A will not have any impact on H-1b transfer petition filed by company B.

 

Things would have been drastically different if company B had initiated H-1b transfer after 31-Dec-2013. In that case, "bridge petition" concept would have come in and employer A's petition should have been approved for you to successfully work with employer B after employer B's H-1b petition is approved.

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