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Complicated H1B Transfer and Extension for Company switch

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  • Complicated H1B Transfer and Extension for Company switch

    I have a complicated situation with respect to my H1B visa extension and transfer.

    I am currently working with Company A with whom my visa is expiring in Aug 2013( after a 3 yr term).I had got an offer from Company B who filed my extension and transfer in premium and it has got approved also.Now Company B is delaying in making me join citing various reasons which has made me very tensed. Can i file an extension from Company A also and continue to work with it? Or will there be an issue with the extension if Company A files now. Do i have to join Company B even if i do not want to anymore.

    Note:Company A has no knowledge of me having any transaction with Company B or that i tried to extend or transfer my petition.

    Please help me. It is very urgent and i need to decide very quickly based on your response.

  • #2
    Complicated H1B Transfer and Extension for Company switch

    No, You can still continue working with "A". You can have multiple H1B approved petition however you can work for only one employer at any given point of time.

    Is your current employer have not submitted your extension yet?? Try to apply through premium and you will get the result in 15 days.

    It's my Personal opinion.

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    • #3
      To add to this, you can continue to work with A only till A's H1 I-94 expiry. So if your I-94 is also expiring in August 2013, and you want to continue to work with A you got to have them file your extension immediately. As mentioned by the other member, preferably in premium.

      This is my opinion not legal advice.

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      • #4
        Originally posted by raghvi View Post
        To add to this, you can continue to work with A only till A's H1 I-94 expiry. So if your I-94 is also expiring in August 2013, and you want to continue to work with A you got to have them file your extension immediately. As mentioned by the other member, preferably in premium.

        This is my opinion not legal advice.
        So which I-94 holds good?
        I have heard that with every extension you receive an I-94 and a I-797 freshly. Since my extension also took place, which I-94 will hold good if i apply extension through Company A? Also have you heard of somebody in this scenario? Like how sure are you of all this?

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        • #5
          Originally posted by AySh View Post
          So which I-94 holds good?
          I have heard that with every extension you receive an I-94 and a I-797 freshly. Since my extension also took place, which I-94 will hold good if i apply extension through Company A? Also have you heard of somebody in this scenario? Like how sure are you of all this?
          In that case You would have a choice with which employer you want to work with if you have two approved petitions. But you got to apply for extension with employer A before its current I 94 expiry.

          This is my opinion not legal advice.

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