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Can I apply H1 transfer and H1 extension simultaneously

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  • Can I apply H1 transfer and H1 extension simultaneously

    Hi,

    I am working for company A.I got offer from Comp B.
    Comp B says they file my H 1transfer under normal processing and they allow me to join them only after my petition gets approved(H1 transfer) not after getting the receipt number.

    I have current petition valid only till 15thfeb2009.For safe side I want to go ahead and apply for extension.

    Question :
    Can I go ahead and apply extension with company A and transfer with company B simultaneoulsy?


    Your help is greatly appreciated.

    Thnaks,
    Sravan

  • #2
    You don't have to ...

    ... transfer in most cases does automatically include extension too.

    I may be possibly wrong, but this is what I've seen in many a case.

    See what the other may have to say based on their experiences and information.

    Comment


    • #3
      Originally posted by knowledgeable
      ... transfer in most cases does automatically include extension too.
      I agree.

      Comment


      • #4
        I think it is possible to apply for extension and transfer at the same time. But there is some risk.

        I know it is not prudent to apply for a transfer while your extension with A is pending. The risk has to do with the bridging status if extension with A is denied for some reason. In your case, you have still not applied for the extension. Talk to an attorney for correct guidance.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          As long as both are applied before your current I-94 expires, you are good to go.

          I have read about a case where USCIS asked the attorney who the employee would work for in such a situation of competing petitions in a RFE.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Thank you

            Thank you all for your valuable suggestions

            Comment

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