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Hi All,
Can you please give advice for my below situation:
I am currently on H1b with my current employer expiring on 10/23/2019 working at client's place in Maryland. Client offered me full-time and initiated H1-b transfer in premium and we got a specialty occupation RFE (they used 15-1199 SOC Code with Automation Test Engineer title) and RFE response date is 9/23/2019 and law office will respond only in mid September for RFE. My current employer is ready to apply extension, but only in normal processing. He may file it in a day or two in normal processing.
My client is asking if i can come on their W2 now and asking my employer to not file the extension now, as i can legally work for them on receipt now because client is saying that my H1-b transfer decision will come first as it is premium processing. If my employer files extension petition and also approved after my transfer petition - they are saying that client petition will be void and i have to go back to my current employer as latest I-94 would be valid always; again they have to file one more transfer petition for me. Is this true? I am thinking that I can continue with my full time opportunity even though the I-94 is not the latest, please advice.
My plan is to apply for the extension also just to be on the safer side as the client petition got RFE and my current employer will not file in normal processing at any cost - what would you suggest in this case. We also have an option to request my employer to withdraw his petition after my client petition got approved, but it will be out of our control by that time.
Thanks.
Can you please give advice for my below situation:
I am currently on H1b with my current employer expiring on 10/23/2019 working at client's place in Maryland. Client offered me full-time and initiated H1-b transfer in premium and we got a specialty occupation RFE (they used 15-1199 SOC Code with Automation Test Engineer title) and RFE response date is 9/23/2019 and law office will respond only in mid September for RFE. My current employer is ready to apply extension, but only in normal processing. He may file it in a day or two in normal processing.
My client is asking if i can come on their W2 now and asking my employer to not file the extension now, as i can legally work for them on receipt now because client is saying that my H1-b transfer decision will come first as it is premium processing. If my employer files extension petition and also approved after my transfer petition - they are saying that client petition will be void and i have to go back to my current employer as latest I-94 would be valid always; again they have to file one more transfer petition for me. Is this true? I am thinking that I can continue with my full time opportunity even though the I-94 is not the latest, please advice.
My plan is to apply for the extension also just to be on the safer side as the client petition got RFE and my current employer will not file in normal processing at any cost - what would you suggest in this case. We also have an option to request my employer to withdraw his petition after my client petition got approved, but it will be out of our control by that time.
Thanks.
