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H1-B Transfer pending while I-94 expiration

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  • H1-B Transfer pending while I-94 expiration

    Hi,

    My H1-B with my current employer 'A' and I-94 expires on 09/19/2015 and has applied for my extension under normal processing in june 3rd week. I had a job offer from Employer 'B' and they have filed my H1-B transfer with extension under premium processing, but due to current suspension it will be accepted after Jul 27. According to the company rules of Employer 'B' they wont allow me to start working until my petition is approved.
    Now I have received another offer from from Company 'C', which will do my H1-B transfer hopefully before July 27, but under regular processing. Employer C want me to join after receiving the receipt. I have some question regarding this

    1. Will I be in any sort of trouble if I accept the offer from Employer 'C', given the fact that my I-94 expires on 09/19/2015 and under regular processing my petition won't be approved.
    2. Let say, I don't inform the company 'B' about my new offer from Employer 'C' until my H1-B application filed by 'B' gets approved. Even though I don't receive the documentation does that mean I am in status?
    3. Will Multiple petition within such short time effects my chances of getting them approved?
    4. Do I have to tell Employer 'C' or their attorney about my job offer and H1-B transfer petition from Employer 'B'?
    Last edited by goti66; 07-07-2015, 01:06 PM.

  • #2
    Originally posted by goti66 View Post
    Hi,

    My H1-B with my current employer 'A' and I-94 expires on 09/19/2015 and has applied for my extension under normal processing in june 3rd week. I had a job offer from Employer 'B' and they have filed my H1-B transfer with extension under premium processing, but due to current suspension it will be accepted after Jul 27. According to the company rules of Employer 'B' they wont allow me to start working until my petition is approved.
    Now I have received another offer from from Company 'C', which will do my H1-B transfer hopefully before July 27, but under regular processing. Employer C want me to join after receiving the receipt. I have some question regarding this

    1. Will I be in any sort of trouble if I accept the offer from Employer 'C', given the fact that my I-94 expires on 09/19/2015 and under regular processing my petition won't be approved.
    2. Let say, I don't inform the company 'B' about my new offer from Employer 'C' until my H1-B application filed by 'B' gets approved. Even though I don't receive the documentation does that mean I am in status?
    3. Will Multiple petition within such short time effects my chances of getting them approved?
    4. Do I have to tell Employer 'C' or their attorney about my job offer and H1-B transfer petition from Employer 'B'?
    What exactly is the intent? Working for A or B or C or just continue to work in US?

    Comment


    • #3
      I want to work at 'C'

      Comment


      • #4
        1. Will I be in any sort of trouble if I accept the offer from Employer 'C', given the fact that my I-94 expires on 09/19/2015 and under regular processing my petition won't be approved.
        >>> No issues as long as the transfer gets approved. If you join them based on the receipt notice and if the transfer gets denied later, then you will be in trouble.

        2. Let say, I don't inform the company 'B' about my new offer from Employer 'C' until my H1-B application filed by 'B' gets approved. Even though I don't receive the documentation does that mean I am in status?
        >>> No issues with your status as long as the petitions are filed prior to your current I-94 expiry date.

        3. Will Multiple petition within such short time effects my chances of getting them approved?
        >>> No.

        4. Do I have to tell Employer 'C' or their attorney about my job offer and H1-B transfer petition from Employer 'B'?
        >>> If Company B's the transfer is in progress, then you don't have to tell Company C about that. But if it gets approved or denied, and later C files their petition to transfer, then you are required to attach a copy of the approval/denial notice from B (you are supposed to attach a copy of all the previous approval / denial notices) while filing the new petition with employer C.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          1. Will I be in any sort of trouble if I accept the offer from Employer 'C', given the fact that my I-94 expires on 09/19/2015 and under regular processing my petition won't be approved.
          >>> No issues as long as the transfer gets approved. If you join them based on the receipt notice and if the transfer gets denied later, then you will be in trouble.

          2. Let say, I don't inform the company 'B' about my new offer from Employer 'C' until my H1-B application filed by 'B' gets approved. Even though I don't receive the documentation does that mean I am in status?
          >>> No issues with your status as long as the petitions are filed prior to your current I-94 expiry date.

          3. Will Multiple petition within such short time effects my chances of getting them approved?
          >>> No.

          4. Do I have to tell Employer 'C' or their attorney about my job offer and H1-B transfer petition from Employer 'B'?
          >>> If Company B's the transfer is in progress, then you don't have to tell Company C about that. But if it gets approved or denied, and later C files their petition to transfer, then you are required to attach a copy of the approval/denial notice from B (you are supposed to attach a copy of all the previous approval / denial notices) while filing the new petition with employer C.
          Thank You Shervin143 for the answers.
          To further dwell into your response to my 4th question, I personally do not want to inform the employer 'C' about my job offer from Employer 'B'. In that case would it matter if the Employer B's petition gets approved while Employer 'C's petition is in process? Please let me know. Thanks in advance

          Comment


          • #6
            No. It won't matter if employer B's petition gets approved/denied while employer C's petition is under process at USCIS. However, if employer C files the petition after your receive an approval / rejection from B, then you need to give a copy of B's approval/denial to employer C, because, USCIS expects you to attach all your prior approval / denial notices while filing new petitions.

            Originally posted by goti66 View Post
            Thank You Shervin143 for the answers.
            To further dwell into your response to my 4th question, I personally do not want to inform the employer 'C' about my job offer from Employer 'B'. In that case would it matter if the Employer B's petition gets approved while Employer 'C's petition is in process? Please let me know. Thanks in advance
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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