Double H1-B Transfer

[jkmalay]

I got laid off april 15 and transfered my visa to company A. My receipt date is June 6, 2003 and sent date was June 3rd. Now, I got an offer from Company B but my application is still pending from company A. I am not sure it will approved or approved without an I-94 card. The questions that I have are listed below.

1) Can i file second apllication via company B.
2) If the application gets disapproved with company A or approved without an I-94. Can I still continue to work with company B until I get a the new application gets approved.
3) Will I be illegal after 180 days although I have filed for a new H1-B thru company B.

Please advice me.

 

[jaxen]

1. Yes
2. Tricky. Depends on how long you claim to be on A's payroll? If it is more than a month I would advise converting B's petition to premium processing and get the H1 visa from a US consulate, before continuing to work for B. What if company A, withdraws the H1 application and BCIS rejects the H1 transfer?
3. If A's H1 is rejected or approved without I94, yes your stay may be considered illegal.