Can employer C file I-129 based on approval notice from employer A if petition from employer B is rejected or still pending What are my other options?

  Since you are currently working for employer B, your employer C cannot file an I-129 just based upon the approval of employer A if you are seeking an extension of status without leaving the country. If that is your plan, U.S.C.I.S. must be convinced that you are maintaining a legal status, and that would depend upon whether the petition filed by employer B is approvable. If you do not wish U.S.C.I.S. to consider the second petition, employer C at the beginning or sometime in the process would have to request that the extension status application be withdrawn and that the petition if approved be sent for overseas processing. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.