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H1B Transfer when H1B Extension is under Processing

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  • H1B Transfer when H1B Extension is under Processing

    Hi,

    I really appreciate your response to the following questions:

    I will complete 6 years on H1B in Aug-2018 (I94 expiry). My I140 was approved with current & previous employers, both not revoked.
    My employer filed for H1B extension and it was denied after RFE last week.

    1. My employer will file for another H1B extn next month under NORMAL processing. Since processing takes 8 months, can I work for the employer on receipt notice for these 8 months until H1 extn is approved/denied. Is there any risk associated with it - time limit, out of status?

    2. If I get another job with a new employer after the current I-94 expiry and when H1B extn filed by current employer is in progress, can the new employer file for H1B transfer? If yes, can I work for the new employer on receipt notice? Does the denial of the H1 extn filed by current employer have an effect on my employment with new employer?

    3. I worked for my current employer (X) in India for over a year in managerial role and came to the U.S. I had quit the job and joined another employer (Y) in the U.S. Last year, I rejoined X and I-140 has been approved in EB2 category. Can my employer X upgrade my case to EB1 category as I worked for X outside the U.S. in a managerial role during my previous stint?

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