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I am currently working with an Employer A on H1-B Visa on a Perm Full Time position and my H1-B expires in 31 dec 2014(eligible for Renewal). My Company A is started my 2nd H1-B Extension in this week I got an offer from Employer B. 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 and extension in parallel premium process ? Is that a very risky thing ? If transfer or extension from employer B is denied or if i got RFE can still work with current company A.what about the employer A h1b extension? Is visa extension process still continues with employer A , even employer B visa extension or transfer got rejected?Or let me know weather 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 One more query If employer B H1b transfer and etension both are approved but i dont want work work with them and want to continue with my employer A is that possible? Any risk? Do the emplolyer A has retransfer again my H1B visa? Please advise
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Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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You can have both company A and company B apply for extension and transfer respectively at the same time. If you are still working for company A, you can continue working throughout the process of the extension adjudication. An RFE or denial of company B's petition would have no effect upon the continuing adjudication of the extension application. In the event that Company B's petition is approved, you have no obligation to work for the company if you still wish to work for company A. However, U.S.C.I.S. should be notified that Company B's petition should be canceled. As long as company A's extension is still pending or approved, company A does not have to do anything more to have you continue working for the company. 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.
Answered on Sep 16th, 2014 at 1:21 PM