Can I do H1-B transfer under a pending H1-B extension

pm1012

Registered Users (C)
#21
Can I have two H1Bs?

I have new job offer today. My H1B has been expired (6 yrs already). I am waiting for my H1B extension approval now. Per the status online, it should be approved in one or two weeks. My questions are:

1. Can I accept the offer and do H1B transfer while my 6 yrs H1B has been expired?

2. I heard that we can have 2 H1B (one with my current employer, one with the new one, assuming my current employer is willing to support me). Is it true? How does it work?

3. My greencard status is pending for Labor cert. If I am withdrawn from my current employer, my priority date will be re-started. If I can't have 2 H1B, can my current employer keep supporting my greencard while I have H1B with another employer?

4. The new company is in St. Louis but I will work at CA. Does anyone have idea if the processing time of greencard in St. Louis is better than in CA?

Many thanks
 

DD2003

Registered Users (C)
#22
Withdraw extension after transfer is approved ??

Company A, ( holding my current visa) has filed for an extension for my H1B ( visa expired March 2006 ..not 6th year extension). They have got a
receipt from INS and may get approval in Aug/Sep 2006.

Now I got a job offer from Company B

What happens if company A withdraws H1b extension AFTER company B's get approved ?

Will I be out of status if above happens ?

Company B's H1b transfer approval means automatic extenion approval as well ?
 
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Darth_Vader

Registered Users (C)
#23
H1-B Transfer with 8th Year Extension Pending !!

Hi,

A question for the Gurus/Attorneys

I am on my 7th year extension as of now. Labor petition filed with my current Employer A Dec 2003 pending in the Dallas Backlog Processing Center.

My 7th year extentsion expires on the 1st of May 2006, and my 8th Year extension has been filed with the current Employer A.

Employer B wants to hire me.

Q1> Can Employer B TRANSFER the H1B once the 8th Year extension has been approved with Employer A.

If Yes then :

Q2> Can Employer B get Extensions after the Transfer of H1B from Employer A since they would have filed my PERM (Ad's are already running for a while now ) before the 1st Of May 2006 and it gives them more than 365 days ?


Please advise.

Thanks
-DV
----------------------------------------
PD (Iowa): 8th Dec 2003
RD (Chicago): 26th Jan 2004
Labor Certification: PENDING
 

Shloka

Registered Users (C)
#24
Pls help h4 Extension

"I recently applied for my h1 transfer and extension using regular processing.
I need to apply for my spouse's h4 extension.
Can i use the receipt copy to apply for her h4 extension or should i
wait till i get a approval for my h1 extension.
 

x_h1bworker

Registered Users (C)
#25
what will happen

hi friends

just wanted know about this issue.

See i have a query on my current h1b petition.I am under portability.Which means that my petition with company A is pending and Company B has applied for my transfer.Now my bad luck i have a query on my petition with company B asking lots of documents,which includes all the w2's and entry exit records.

I have some documents but not all the documents.
What i don;t have is w2's from a company for which i worked for.This company never gave me a w2 being a small company(u know pay check descripancys and all).I used this companys notice of approoval to enter united states in 2005,this was my second entry to usa on h1b.

Now can any one tell me am in a good shape or should i pack my bags and leave USA ding dong.Also,can anyone let me know,what are the penalties for giving false paychecks to INS.

Any detail guidance will be highly appreciated.

thanks
 

golgappa

Registered Users (C)
#26
I am in Company A, and A has filed my H1B Extension, I wanna switch to Company B is it legal to do so, my CURRENT H1b expires in march 2007
 

Sc3

Registered Users (C)
#27
golgappa said:
I am in Company A, and A has filed my H1B Extension, I wanna switch to Company B is it legal to do so, my CURRENT H1b expires in march 2007
Did you just transfer to earth because Pluto lost its designation as a planet?? Just read the first two posts of this thread, I believe that is what you are asking for.

If on the other hand you are asking if you can just start working in Company B (without any H1 transfer applicatione etc), then you have a lot to catch up on, and it is better that you hire a attorney to help you.
 
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golgappa

Registered Users (C)
#28
Pluto lost its designation but you can go there and take its place!!!


...there are 2 things Extension going on during a period when your current H1B has expired, and extension going on during your current H1B is valid. so I have a different case...

Read the post fully before opening your ******** mouth...
 
#29
H1

Hello frens,

Pls forgive me if a similar question is asked and answered on this forum already. I tried my best to see scores of pages in the msg archive, but did not get one.

My case is --> I have a valid H1 (employer "A") which expires in March' 2007. Presently, I am in discussion with a few companies that are ready to transfer my H1. However, "A" has asked me to file for an extension now. My Q is --> Can I file for my extention now, and let the H1 transfer process begin when things settle? Or, should I wait for sometime and file an extention only if it gets critical (Say in Feb beginning and i.e. when I do not choose to go for employer "B"). I just want to get rid of the complications in the case my extension is not approved by the time I need to file my trasnfer.

Can somebody pls throw some light (or provide any link) on the problems with extention/ transfer contentions. Any help would be greatly appreciated.

Thanks,
A
 

NEWH1_usa

Registered Users (C)
#30
www.newh1.com

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Sincerely your
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Newh1.com
 

medicinemaan

Registered Users (C)
#31
a story for all

i will post my situation to all for help and guidence

i was working for company A with a valid h1b till june 2005. i was offered a job by company B which was to start from july 2005. company B applied for my visa in MAY 2005 under premium processing. that case was pending as june rolled around hence i started to work for company B. ( staus H1B pending )

the case was delayed under "security check " provision while i worked for comapny B. at the time i joined company B , company A notified the INS that i have transferred to company B.

in may 2006 i was offered another job with company C. this job was to start in July 2006. Company C applied for my H1b in june 2006 .

REMMEBER that my perviouS h1b is still pending from company B.

under the portibilty law i started with company C. all these jobs are legit and non frivioluos.

in sept 2006 i was notified by INS that i was in violation of the h1b status and here is the reason

in July 2005 when i joined company B my H1B was not approved for company B. at the same time when company A notified them that i have moved from company A to company B THIS ESSENTIALLY voided my staus..

and hence after an appeal , intervention by three congressmen and one senator and bunch of other important institution i have left the country.
 
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EndMyWait

Registered Users (C)
#32
Hello All –
Would really appreciate your suggestions and feedback on this. I need to travel to the UK on May 3rd, and do not have a valid Visa, since my current H1-B expired in February 2007. I just received a 3-yr Extension, based on Approved I-140, but am not finding any appointments in Canada for the Visa Stamp. So, am considering traveling on my Advanced Parole, and wanted to understand –

H1-B Visa expiration
1. Will my status change from H1-B to EAD automatically if –
a. My wife uses her EAD?
b. Either my wife or I use the AP?

Traveling on AP
1. Are there any specific disadvantages of traveling on Advanced Parole?
2. Anything different about traveling internationally on AP vs. H1-B that I should be aware of?

I'm trying to determine if any of this will affect my H1-B Portability, in case I want to switch employers.

Thank you in advance!
 
#35
H1B last year

Does anybody know where on governmental websites I can look up the piece of information that is telling that you can apply for your Green Card before the 6th year of your H1B status begins? PLEASE HELP if anybody knows this!!!
 

manwithnoname

Registered Users (C)
#36
You can apply for your GC anytime (even while outside of the U.S.) ... however, in order to work in the U.S. you need an appropriate visa. It is necesary to start the GC process before the 6th year kicks in because this will allow you to extend your H-1B. Another way to extend the H-1B status is to obtain I-140 approval and your PD is retrogressed. Please read the following link.
 
#37
thank you very much

Hi,

Thank you very much for responding to my inquiry. Actually my case is different - I lived in the US for 8 years, on different visas and the last one was H1B. For certain reasons applying for the GC did not work for me and I had to live the country this past summer :(. So, I am not in the US anymore. I had no good prospects for GC (many things I have tried did not work and I had to leave with my young child with the appropriate court order allowing me to take her with me). It was a pretty complicated situation but became even more complicated due to the things my ex-husband did. He managed to stay in the US and now is starting a case with family courts in the US against me stating that I left the US for no reason except for separating the child with the father (WHICH IS NOT TRUE!!!!) He is trying to get changed the existing child custody agreement to his favor. And as a backup for his words he is providing the information that my visa H1B was supposed to expire in 1 year. The immigration lawyers with whom I had tons of consultations when I was trying my best to stay in the US - told me that I had to start my GC case 1 year prior to my visa expiration. But my employer was not willing and was not in the position to help me in any way and my case had other complications too.

So, now, in order to be able to keep my current child custody order, to support my family case I need to provide information on that piece of law that says that h1Bs should start their GC applications 1 year prior to the expiration of their work visa. That is why I am urgently looking for some governmental sources CIS.gov or so that clearly state that requirement. I was not able to find that on my own. THat is why ANY HELP IS APPRECIATED!!!!!!!!!!!
 
#38
Not exaclty true.

It is a bridging issue. If the first employer cancels processing of the extension, and the I-94 is no longer valid, the Service will deem the alien not to have been in valid status when the second H-1 was filed and will therefore not issue I-94s with the approval. The alien will be deemed to have overstayed his visa.
Just want to share a similar scenario which happened in my case.
My H1 and I 94 expired April 2008 and extension filed in regular processing by current company in time.
I have applied for H1 transfer and extension with new employer in Premium Processing while my extension with current employer is pending.
We got the approval notice within 3 days (CAL service center). It was too fast I should say! And coincidentally my extension with current company got processed as well after I received the transfer and extension for previous employer. Let me know if you need more information.
I know this was posted was long back but want to add good information so others will know about it. Thanks!
 
#40
Thanks for the really helpful information.
Hi everyone.

I would like to get comments on my situation below as I have been able to distill 2 different opinion from the posts. Would appreciate input from the experts if my understanding is correct.

1. I am working for Company A with first 3 years of H-1B expiring in Sep 2011. They have not applied for my H-1B extension yet, but will do so soon.
2. I have job offer from Company B, which I want to join, and they are willing to apply premium processing for my H-1B transfer.
3. I would like to leave company A as soon as possible without jeopardizing the H-1B transfer.

According to earlier replies on this posts, it appears that it is best to get the extension processed by company A before transfering to company B. Is my understanding correct? Is it not possible for me to accept offer from company B and let them process the transfer through premium processing?
 
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