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H1 Transfer with New Employer

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  • H1 Transfer with New Employer

    Hello,

    I am currently working for employer A on a 6th year H1 with approved 140 petition. MY current H1 is expiring June 2010. In the meantime I got an good offer from employer B who applied for H1 transfer using my approved 140 petition and I got an RFE. My question is god forbid , that if my H1 transfer petition is denied with employer B , can I continue working for Current employer A and if he can file for my H1 extension, come June? Also would there be any recursions, considering i already applied the H1 transfer now with the new employer ?

    Please advice and i thank you in advance

  • #2
    Yes, you can continue working for the current employer and they can file an extension based on your approved I-140. Extension should be applied at least 3 months in advance. Why haven't they filed for the extension yet?
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      I have been crying and requesting my employer since start of this year and he is pretty adamant that he will not file until at least 1 month before my h1 expiry occurs. That is why I got fed up and decided to move to Emp B…

      I know Emp A can still file my h1. But do you think god forbid if my H1 transfer attempt with Emp B fails then if I would have any recursions on the H1 B renewal with my current employer?

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