Transfer/Extension from company B to C when last approved petition is from company A

[adganesh]

Hi All,

 

          I have few questions regarding H1B transfer where my H1B extension is in progress.

 

Case :

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I came to US on H1B with approved petition of Company-(A) which had validity till December 2013.  

I moved to company-(B) in November 2013 before Company-(A) H1B expiry. Now it is February 2014 and the Company-(B) H1B extension still in progress and got RFE. 

Now I have an offer from Company-© and they have initiated my H1B Visa Transfer and it is in progress.

 

Currently I am working for Company-(B) and I am waiting for Company-© H1B transfer to be approved before I move into their payroll. 

 

Questions :

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1) If H1B extension filed by Company-(B) gets rejected from USCIS, will the H1B initiated my Company-© still be valid?

 

2) If I move to Company-© while the H1B transfer is in progress and Company-(B) withdraws my H1B extension which they filed, will Company-© transfer still hold valid?

 

Appreciate if you can help me to get the answers. 

 

Thanks,

AD Ganesh.

[rahul412]

Even if B's H1 is rejected or withdrawn, you will be safe if C's H1 is approved.

[pontevecchio]

1. If the H1 petition with B is rejected, any  H1 approval with C will be for Consular Processing. You will need to leave and return on a H1 visa.

2. See 1. Similar answer.

When does your Visa expire?

[pontevecchio]

If the Petition with B is rejected or withdrawn the 'transfer" is dead though the H1 with C may be approved.

[adganesh]

Thanks pontevecchio & rahul412..

 

Appreciate that you answered my queries. Your answers will be helpful for me to take necessary steps to secure my petition.