Can I do H1B transfer to new emplyer if extension is filed with current employer

[USA2013]

Hi,

My current I-94 expires in February 2014. My current Employer A has just filed for extension
I have a new offer from Employer B who is now ready to file H1B Transfer cum extension.

My Question is :
1. Will it be unsafe to switch to new Employer B since USCIS will eventually have two applications .. one from current employer A for extension and 1 for transfer cum extension from employer B ?
2. If employer A plans to revoke my H1B or H1B extension when I plan to quit, will I be safe to switch to employer B if I have a valid petition receipt, but decision still pending with USCIS.


Thx in advance

[Nattybone]

Hi,

My current I-94 expires in February 2014. My current Employer A has just filed for extension
I have a new offer from Employer B who is now ready to file H1B Transfer cum extension.

My Question is :
1. Will it be unsafe to switch to new Employer B since USCIS will eventually have two applications .. one from current employer A for extension and 1 for transfer cum extension from employer B ?
2. If employer A plans to revoke my H1B or H1B extension when I plan to quit, will I be safe to switch to employer B if I have a valid petition receipt, but decision still pending with USCIS.


Thx in advance

Hello, USA2013.

There is no problem with filing for extension as well as transfer.

The ideal thing is to have visa transfer approved before you join the new employer. However, a transfer petition acknowledgement is also good enough for you to join Employer B while the transfer takes place. In that scenario, should Employer A revoke your H1B, it would not matter much as your transfer petition would already have been filed.

Please do have your paystubs collected from your current employer (before you inform him about the transfer), some times pay stubs for 3 months are asked while processing a transfer.

Hope this helps.

Wishing you luck.

Cheers,