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Query during H1-B visa transfer

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  • Query during H1-B visa transfer

    Hi,
    I came to USA on F-1 visa. I have my OPT till Dec 2012. My F-1 visa is valid till May 2013.
    I got my H1-B petition approved with Company A in April 2012. I got laid off. Before that I did initiate the transfer of H1-B visa with another company B. Through B, I got RFE. Company A has revoked my H1-B petition. I got a job offer from another company C. They are ready to file my H1-B petition for transfer. I wanted to know will the H1-B petition of company C succeed. Since there is a gap between H1-B revocation by Company A and new H1-B transfer initiation from company C, will I be considered out of status for this gap (20 days) or on F-1 visa. Can anyone please let me know?
    Thanks in anticipation,
    Mavericky

  • #2
    You are fine. You will not be considered out of status.

    Once your first H1 visa was approved, you are no longer on F1 visa and therefore no longer on EAD.

    However, I am assuming that between the time A revoked and C filed, you had a pending petition from B. In that case, you were in status.
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    • #3
      Yes. Petition from B was pending at that time.

      Thanks a lot Administrator!!

      Sincerely,
      Mavericky

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      • #4
        one more query

        1.> While I wait for Company C's petition approval, can I work for Company B even though it is in RFE status.
        2.> Also, if I get offer from a new company D(of course, it will be in consular processing not transfer) and its H1-B is pending, then can I work for Company C even though it's petition is pending?

        Thanks,
        Mavericky

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