H1-B Visa Transfer while H1-B Extension is in progress

[vishucool]

Hello Everyone,

I am currently working with an Employer A on H1-B Visa on a Perm Full Time position and my H1-B expires in Sep 2012 (eligible for Renewal).
My Company A is about to start the H1-B Extension for me in few days.

Currently, I am also looking for new job opportunities and if I get a new job, my next Employer B will have to transfer my H1-B to them.

I would like to know what will happen if my Employer A has already filed for H1-B Extension and my next Employer B has also started H1-B Transfer process ?
Is that a very risky thing ? As I have heard that if my Employer A gets to know about my H1-B Transfer (through Employer B), they may cancel my original H1-B and it may cancel the H1-B transfer too. So I will not be eligible to work with either Employer A or B ?

What should be the best option for me ? Shall I wait until my Employer A completes the H1-B Visa transfer and then apply for the next job (H1-B Visa Transfer through Employer B) ?
In that case, I may have to wait for another 2 - 3 months as my Employer A will be applying for H1-B Extension in Regular process and not Premium

Please advise.

[shervin143]

I am currently working with an Employer A on H1-B Visa on a Perm Full Time position and my H1-B expires in Sep 2012 (eligible for Renewal).
My Company A is about to start the H1-B Extension for me in few days.

Currently, I am also looking for new job opportunities and if I get a new job, my next Employer B will have to transfer my H1-B to them.

I would like to know what will happen if my Employer A has already filed for H1-B Extension and my next Employer B has also started H1-B Transfer process ?
>>> Nothing. Both the petitions gets processed in parallel.

Is that a very risky thing ?
>>> No.

As I have heard that if my Employer A gets to know about my H1-B Transfer (through Employer B), they may cancel my original H1-B and it may cancel the H1-B transfer too. So I will not be eligible to work with either Employer A or B ?
>>> First of all, unless you or someone tells employer A about the transfer, they will not come to know about it. If the transfer is filed before your current I-94 expires, then even if employer A revokes their petition, it will not affect your transfer. Once you receive your receipt notice for the H1B transfer, you can start working for employer B. However, it is advisable to stick to employer A until the H1B transfer gets approved. In case the transfer gets denied, you will be in trouble.

What should be the best option for me ? Shall I wait until my Employer A completes the H1-B Visa transfer and then apply for the next job (H1-B Visa Transfer through Employer B) ? In that case, I may have to wait for another 2 - 3 months as my Employer A will be applying for H1-B Extension in Regular process and not Premium
>>> Read the above answer. It is not required to do that as long as the H1B transfer is filed before your current I-94 expiry date. But if you are willing to wait, then you can do so.

[niithu]

H1B VISA Transfer while H1B extenion is In progress

Hi,

I work for Company A (fulltime) and my Visa is getting expired in Oct, My company already filed for the extenion (non premium),
Meantime I got offer from company B , they filed petition for my H1 transfer in premium processing.

What I oberved is, the same day company B filed my petition, I got RFE on my Visa extenion for company A.

I am yet to find about details of RFE.

My understanding was both petition processing will be independent and can be processed parallel.

But I am worried about the RFE now, Is there any chance it could be related to my VISA transfer to company B and hence company A comes to know about it.

[niithu]

Hi,

I work for Company A (fulltime) and my Visa is getting expired in Oct, My company already filed for the extenion (non premium),
Meantime I got offer from company B , they filed petition for my H1 transfer in premium processing.

What I oberved is, the same day company B filed my petition, I got RFE on my Visa extenion for company A.

I am yet to find about details of RFE.

My understanding was both petition processing will be independent and can be processed parallel.

But I am worried about the RFE now, Is there any chance it could be related to my VISA transfer to company B and hence company A comes to know about it.

Please advise...

[raghvi]

Cant say much without actually knowing what the RFE is about, its highly unlikely that the transfer to B would trigger an RFE for A's extension.

This is my opinion not legal advice.