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H1b extension and transfer at the same time

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  • H1b extension and transfer at the same time

    Dear Forum,

    I have a question and appreciate your responses.

    I have a valid H1B visa with company 'A' till 31-Mar-2021 and i94 valid until 10-Apr-2021. My Visa extension is intended to be filed with same company under normal process.
    I have H1B visa transfer initiated with 'company B' on premium.

    Queries:
    1) If my Transfer process with 'company B' is completes before 31-Mar-2021; I am good to join and should have no issues later on irrespective of the extension results filed by 'company A'?

    2) If god forbid there is an RFE and/or Denial on extension filed by 'Company A' (after I started working with 'Company B'), is there any impact to my status/ stamping/ future GC process/ elsewhere?

    Looking forward for your valuable suggestions & response to move forward.

    Thank You
    Last edited by CareerRun; 03-04-2021, 09:52 AM.

  • #2
    Dear Members,

    Your valuable response will help me to plan things right.

    Thank You

    Comment


    • #3
      Hi,
      1) If my Transfer process with 'company B' is completes before 31-Mar-2021; I am good to join and should have no issues later on irrespective of the extension results filed by 'company A'?
      Answer: Yes. If your H1B transfer gets Approved, you will be good to Join in new Employer.. But, Once you join with New Employer, Ifs better to withdraw your H1B ext petition that your Company A filed..

      2) If god forbid there is an RFE and/or Denial on extension filed by 'Company A' (after I started working with 'Company B'), is there any impact to my status/ stamping/ future GC process/ elsewhere?
      Answer: It depends on what kind of RFE you gets.. But, If you get H1B transfer Approval and you started working with New Employer, then you will not have much complications.. Your Previous Employer will take care of RFE like withdrawal or responding RFE.
      Thanks.

      Comment


      • #4
        Thank you rkk09 for your response.
        1) Do we have any provision to withdraw H1B extension by ourselves. In my condition I believe it is Company A who is suppose to do that (on which we do not have much control on).
        I also believe its a recommendation and will not impact if it isn't done, right?

        2) This means that: as long as H1B transfer is approved before i94 validity (and along with pending extension with Company A) it won't effect negatively anywhere - Not even for Dropbox Stamping, correct?

        Comment


        • #5
          Hi,
          Please see my Answers below.
          1) Do we have any provision to withdraw H1B extension by ourselves. In my condition I believe it is Company A who is suppose to do that (on which we do not have much control on).
          Answer: Only Employer can withdraw H1B petition.. Not Employees.
          I also believe its a recommendation and will not impact if it isn't done, right?
          Answer: It is really Strong recommendation to withdraw H1B if you are not utilizing.. Even this will impact company too. So, Normally company will take action on this as soon as Employees leave company..

          2) This means that: as long as H1B transfer is approved before i94 validity (and along with pending extension with Company A) it won't effect negatively anywhere - Not even for Dropbox Stamping, correct?
          Answer: Yes you are correct.
          Thanks

          Comment


          • #6
            Thank you rkk09 for the response. Appreciate for the help.

            In my scenario 'Company A' has filed the H1B extension normal mode and 'Company B' has filed H1B transfer in premium mode.
            Assuming I got a approval before i94 expiry for 'Company B' (and still pending for 'Company A')

            1) How long I can work for 'Company A'?
            2) What is the recommendation on how soon one should join 'Company B' i.e. before i94 expires, before Visa expires, etc...

            The intention it to understand notice duration to 'Company A' and/or any legal status issue if not joined 'Company B' before certain date or before i94 validity.

            Thank You for your valuable response beforehand.

            Comment


            • #7
              Hi,
              Its your choice to join Company B.. If you want, you can continue with Company A too.. But, If you prefer to join Company B, Please send resignation Email to them properly and Join Company B. Once you send Resignation Email to Company A and follow Notice period as per Company A policy, then their responsibility to withdraw your H1B petition that they have filed behalf of you.
              Thanks

              Comment

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