H1b transfer on top of current H1 amendment & extension process

[needhelp65]

I'm working with a renowned IT MNC and my H1b amendment & extn is in process(15 days back). Yesterday I was about to get an offer(from a big IT MNC firm) for a better opportunity, but HR said they can't wait for months for my current H1B (amend & extn) normal processing approval, and moreover they said they can not file in parallel to H1b extension ( though they said its possible to file multiple H1b transfer in parallel, but not possible to do h1b transfer in parallel with my current H1b Amendment & extension)

Q [for near future] :
Suppose if I get another offer/opportunity(in next few days/weeks), and I don't reveal that there is a H1B amendment and extension in progress(for me), will it cause any issues/concerns ? Asking this as this will help me to get the offer and H1B transfer(most probably pp).


My current visa and I-94 will expire this year end.

[shervin143]

You can do that as long as your current I-94 is valid while filing the transfer. I am not sure why the employer is hesitating to file the transfer while the extension is pending even though your I-94 is still valid. What is the amendment for? If you are currently working at a location that is not approved by USCIS (Different from your LCA), then that could be the cause of concern for your new employer, since an amendment should have been filed earlier.

[needhelp65]

Amendment in process with updated LCAs filled (I have them with me)

You can do that as long as your current I-94 is valid while filing the transfer. I am not sure why the employer is hesitating to file the transfer while the extension is pending even though your I-94 is still valid. What is the amendment for? If you are currently working at a location that is not approved by USCIS (Different from your LCA), then that could be the cause of concern for your new employer, since an amendment should have been filed earlier.

I got my visa stamped(in India) for location L1 client C1 (in Sep'14), and as I joined at location L2 for client C2, I got the LCA on 2nd day of joining(in Apr'15).

And in few weeks came the mandatory rule to file amendment, and I collected all the docs and given the docs to immigration team and got to know that I will be moving to location L3 for same client C2, (distance b/w L2 & L3 is only 30 miles, so immigration team said same amendment petition will work) and got LCA for location L3 also. While filing Amendment both locations are mentioned : (L2[current] and L3[from Aug'15 start]).

[shervin143]

In that case there is no reason for the new employer to hesitate in filing a transfer.

I got my visa stamped(in India) for location L1 client C1 (in Sep'14), and as I joined at location L2 for client C2, I got the LCA on 2nd day of joining(in Apr'15).

And in few weeks came the mandatory rule to file amendment, and I collected all the docs and given the docs to immigration team and got to know that I will be moving to location L3 for same client C2, (distance b/w L2 & L3 is only 30 miles, so immigration team said same amendment petition will work) and got LCA for location L3 also. While filing Amendment both locations are mentioned : (L2[current] and L3[from Aug'15 start]).

[rashmi_123]

Hi, Please let me know what happened in your case.Did H1 transfer go through for u ?I am also in the same boat. Please let me know

I'm working with a renowned IT MNC and my H1b amendment & extn is in process(15 days back). Yesterday I was about to get an offer(from a big IT MNC firm) for a better opportunity, but HR said they can't wait for months for my current H1B (amend & extn) normal processing approval, and moreover they said they can not file in parallel to H1b extension ( though they said its possible to file multiple H1b transfer in parallel, but not possible to do h1b transfer in parallel with my current H1b Amendment & extension)

Q [for near future] :
Suppose if I get another offer/opportunity(in next few days/weeks), and I don't reveal that there is a H1B amendment and extension in progress(for me), will it cause any issues/concerns ? Asking this as this will help me to get the offer and H1B transfer(most probably pp).


My current visa and I-94 will expire this year end.

[gopu]

Hi, Please let me know what happened in your case.Did H1 transfer go through for u ?I am also in the same boat. Please let me know

Hi Rashmi/All, Please let me know what happened to your case of H1 transfer when amendment is in process. I am also in the same boat now. Thanks!!

[simplyphani]

H1 transfer while on petition amendment

Hi

Even I am looking for same.

Can it be possible to file H1 transfer while on amendment is in process?

Amendment is for material change ( As per new USCIS rule came in April 2015), holiding visa till 2017


Thanks

[chvamsi]

Hi

Even I am looking for same.

Can it be possible to file H1 transfer while on amendment is in process?

Amendment is for material change ( As per new USCIS rule came in April 2015), holiding visa till 2017


Thanks

There is nothing called H1b transfer as per USCIS. It will be new h1b petition for new employer.

So technically you can work for both even if h1b transfers first and h1b amendment still in pending.

you can choose.

[gopu]

There is nothing called H1b transfer as per USCIS. It will be new h1b petition for new employer.

So technically you can work for both even if h1b transfers first and h1b amendment still in pending.

you can choose.

Hi Chvamsi,

Thanks for the info. My question is whether there is any risk in getting the H1 transfer initiated while H1 amendment is in process?

[findingsolace]

Hi Chvamsi,

Thanks for the info. My question is whether there is any risk in getting the H1 transfer initiated while H1 amendment is in process?

Hi All,

Can you provide an update on what happened in your individual cases? I am in the same boat. Any *** is really appreciated.

Thanks in advance

[gopu]

Approved

Hi All,

Can you provide an update on what happened in your individual cases? I am in the same boat. Any *** is really appreciated.

Thanks in advance

Yes - it gets approved even though amendment is in progress. I am going to join new company after one month, is it ok if my pending amendment also gets approved in the same time. Can I still join the new employer or does it make any difference?