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H1 Transfer While Current Employer About To File H1 Extension

Discussion in 'Nonimmigrant Visa Applications' started by kumarmdu, Apr 21, 2015.

  1. kumarmdu

    kumarmdu Junior Member

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    Hi,

    My current H1 visa(Past 7th year based on 140) is expiring in July and current employer has got all my documents and is in the process of applying H1 in premium. In the mean time i have another offer and the new employer also has got all my docs but says they will file transfer after current company files H1 extension. They took that stance because according to them the last petition filed on my behalf will control my employment status. Current employer(a big corp) has all docs for more than a month and takes its own time to file extensions so no idea when it might happen. So if the current employer does not file my extension till mid of June then i cant inform the other company to wait till then. What are the actions i could take to move to new company without issues?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Just tell the first company that you are no longer interested.
     
  3. kumarmdu

    kumarmdu Junior Member

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    I don't want to join company B without my H1 approval and company B wants to file transfer after company A files my extension. If i let company A know am no longer interested they may revoke and let me go immediately and i might be out of status. My H1 extension is based on i 140 as i have maxed out already.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That falls under the heading of having your cake and eating it too. You have to make a choice.
     
  5. kumarmdu

    kumarmdu Junior Member

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    Not really, am not interested in having approvals from both companies just for sake of having the approvals.. i have past experience where my h1 transfer was applied to a new company in premium and got denied at the last moment, at that time if i would have let current company know am not interested or given my notice i would have been forced to lose my job and go out of US . At that time i waited for approval till i put let my employers know and so i was safe. So am just trying to not be a loser and certainly not thinking of having and eating the cake.
     
  6. vineet12345

    vineet12345 Member

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    The same docs that you have given to your current employer, should be given to your prospective employer and they should file your H1 visa..
    You should not wait for your current employer to file extension.. If the prospective employer is waiting for that then they are not aware that their visa application has nothing to do with your current employer's visa extension... You can notify the current employer after you get the H1 from the new employer
     
  7. kumarmdu

    kumarmdu Junior Member

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    "
    "


    They took that stance because according to their attorney the last petition filed on my behalf will control my employment status
     
  8. kumarmdu

    kumarmdu Junior Member

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    So finally the new company applied for h1 transfer in premium processing 4 days after current company filed extension.. Now the transfer approval came before extension approval! Will this follow the last action rule and void the transfer and make my current employer extension active?
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to speak with the attorney representing your company to resolve this.
     

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