Can I file new H1B transfer when already it is in progress

[rameshtv]

Hi all,

I was working for Employer A and joined in Employer B by filling H1B transfer in regular process which is still pending. I got offer from Employer C. Can I now file new H1B transfer to Employer C in Premium and join on approval? What will happen if Employer B revokes/withdraw/denied? Employer A may revoke/withdraw any time.

Thanks

 

[whitemimauz3]

The reason why you started working for employer B is because you are already maintaining H-1B status thru A & law allows you to start working for employer B as soon as H-1B transfer receipt arrives (employer B) and then employer C files for change of employer petition based on pay checks you were getting from employer B. Of course during this journey, USCIS looks for if you were maintaining H-1B status i.e. getting pay stubs at all times. Now if it is determined that at all times you were getting pay stubs from respective employers, then it means you are good, no status was violated, you will H-1B approved with I-94 extended. Now there is slim chance that they might approve H-1B but not extend H-1B status meaning USCIS believes you might have violated previously accorded status, (because of confusion working with 3 employers) in that case there will be no I-94 attached to H-1B approval notice, for which you need to step out of the country attend H-1B interview get visa stamped and re-enter. Your Idea of employer C H-1b petition in premium is good.

If you have pay stubs from at all times from respective employers, there will be no impact on your H-1B status should employer A or B withdraws H-1B petition.

 

[Deepak9987]

The reason why you started working for employer B is because you are already maintaining H-1B status thru A & law allows you to start working for employer B as soon as H-1B transfer receipt arrives (employer B) and then employer C files for change of employer petition based on pay checks you were getting from employer B. Of course during this journey, USCIS looks for if you were maintaining H-1B status i.e. getting pay stubs at all times. Now if it is determined that at all times you were getting pay stubs from respective employers, then it means you are good, no status was violated, you will H-1B approved with I-94 extended. Now there is slim chance that they might approve H-1B but not extend H-1B status meaning USCIS believes you might have violated previously accorded status, (because of confusion working with 3 employers) in that case there will be no I-94 attached to H-1B approval notice, for which you need to step out of the country attend H-1B interview get visa stamped and re-enter. Your Idea of employer C H-1b petition in premium is good.

If you have pay stubs from at all times from respective employers, there will be no impact on your H-1B status should employer A or B withdraws H-1B petition.

What if company B said you can only work when h1b approves and not receipt notice any idea?