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Filing H1 Transfer using Old petition

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  • Filing H1 Transfer using Old petition

    This is my Situation:

    My current h1b is in the process of extension. I am way past my I94 expiry date and currently within 240 days grace period.

    My employer upgraded the case to premium and I am yet to get the decision.

    In the meantime I have been offered a new position with another company and they want me to start work as soon as possible.

    The new employer want to file the transfer using my expired petition and I explained them that if any unwanted decision on my extension petition would result in me going out of the country and come back with stamping but they are insisting nothing will go wrong.

    I hope nothing goes wrong and I have following questions:

    If my new employer files the H1b Transfer using old petition and both my transfer and extension(with my current employer) gets approved will there be any issue while going for H1b stamping or applying for green card as the transfer was not applied based on latest petition?

    Is it even allowed to submit the transfer using the old petition if extension petition is approved before transfer petition is filed?


    Your help is much appreciated. Thanks
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