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H1B transfer while H1B extension pending (RFE issued)
Hello,
I really need some help. I researched on this topic but not getting a clear opinion. Please provide your expert guidance on this case.
Here is my situation. My H1B is due for extension as it is expiring by end of this month. It is currently pending with USCIS for extension on premium processing. I got an RFE. However, I might need to find another job and transfer my H1B to another company because my current contract may be ending soon. Another company has offered to transfer my H1B for their project. But I may not have enough time to submit the RFE response and get the approval to transfer the H1B.
From some threads, I came to know that it is possible to do an H1B transfer to a new company while an extension is pending. However, here is my confusion as I also read this statement in that forum " if you file both H-1b extension and H-1b transfer at the same time, then latest decision will be taken into consideration. For example, if the H-1b transfer is approved first and H-1b extension is approved after that, then latest decision i.e, the H-1b extension is valid automatically and the H-1b transfer will become null & void".
Is this a true statement? After submitting the H1B transfer and I join the new company for which I submitted the H1B transfer, will this become an issue as mentioned in the above statement? In case the new H1B becomes invalid as mentioned, should I do a transfer of the approved (old) H1B again? Not sure if that will work for the new company.
I do not think the previous company will take me back. So I need to be very sure before I do anything like this but time is running out and I need to take a decision.
Thank you so much for some guidance here so that I can take a proper decision.
Appreciate any help.
Desi Guy.
I really need some help. I researched on this topic but not getting a clear opinion. Please provide your expert guidance on this case.
Here is my situation. My H1B is due for extension as it is expiring by end of this month. It is currently pending with USCIS for extension on premium processing. I got an RFE. However, I might need to find another job and transfer my H1B to another company because my current contract may be ending soon. Another company has offered to transfer my H1B for their project. But I may not have enough time to submit the RFE response and get the approval to transfer the H1B.
From some threads, I came to know that it is possible to do an H1B transfer to a new company while an extension is pending. However, here is my confusion as I also read this statement in that forum " if you file both H-1b extension and H-1b transfer at the same time, then latest decision will be taken into consideration. For example, if the H-1b transfer is approved first and H-1b extension is approved after that, then latest decision i.e, the H-1b extension is valid automatically and the H-1b transfer will become null & void".
Is this a true statement? After submitting the H1B transfer and I join the new company for which I submitted the H1B transfer, will this become an issue as mentioned in the above statement? In case the new H1B becomes invalid as mentioned, should I do a transfer of the approved (old) H1B again? Not sure if that will work for the new company.
I do not think the previous company will take me back. So I need to be very sure before I do anything like this but time is running out and I need to take a decision.
Thank you so much for some guidance here so that I can take a proper decision.
Appreciate any help.
Desi Guy.
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