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please give advice with this H1B situation

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  • please give advice with this H1B situation

    here is my sitation:
    Worked for Company A. I94 expired September 1 2011

    On August, Company B filed for a transfer. Since I heard about transfers getting denied, I decided not to go work yet for Company B on receipt notice alone, so continued to work for company A

    Also on August, Company A filed for my H1B extension with them

    Now a couple of weeks ago my transfer to company B got APPROVED and I have started working for them

    But my question is:
    Company A petition is still pending. They will probably withdraw it since I moved to company B. Does this affect me in any way? since from september I was working for company A on a pending extension application. Will withdrawing it make the months that I have worked for them illegal? or do I have nothing to worry about since I have my new I94 for company B

    please advise

  • #2
    Since both petitions were filed before your I-94 expiry, it will not matter. You are fine.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Since both petitions were filed before your I-94 expiry, it will not matter. You are fine.
      thanks for your reply

      but what i am worried is

      Company A will "Withdraw" their petition before its resolved

      so is it like the petition was not filed - and then it makes the month and a half I worked in Company A illegal since I was working based on a "pending" extension application which has now been withdrawn?

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      • #4
        Don't worry. Even if A's petition is withdrawn, B's pending petition makes you able to stay in the US. But if B's petition is denied, you will become illegal.
        This is my opinion and not legal advice.

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