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H1B extension and H1B transfer at the same time- Pls advice...

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  • H1B extension and H1B transfer at the same time- Pls advice...

    HI,

    I am in my 1st term of H1B with Employer A and my H1B is valid until Aug 31 2012.
    A new employer B has applied for my H1B transfer and status is still pending.
    However my current employer A wants to apply for my H1B extension by the end of next week.
    (they do not want to wait any further...)

    I would like to know if it is OK to file for H1B extension while a H1B transfer petition is pending?
    If there is an RFE on H1B transfer from employer B before I apply for H1B extension from employer A, can I still apply for H1B extension with employer A?
    or
    What happens if both the petitions get approved? i.e., can I only work for the petitioner whose petition got approved the latest?

    Please advice. I am confused...

    Thanks,
    Raj.

  • #2
    I would like to know if it is OK to file for H1B extension while a H1B transfer petition is pending?
    >>> No issues.

    If there is an RFE on H1B transfer from employer B before I apply for H1B extension from employer A, can I still apply for H1B extension with employer A?
    >>> Yes.

    or

    What happens if both the petitions get approved? i.e., can I only work for the petitioner whose petition got approved the latest?
    >>> You will have the option to work for one of the employers.
    Not a legal advice. Use of this information is strictly at your own risk.

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