H1 pending - pending - request of information

[rajeev11112000]

Please help! I thought this was a common situation, but could not find an exact case.

Event sequence:
1) I worked for Company A based on an approved H1B.
2) Company B applied H1B transfer based on Company A¡¯s H1B. And I worked for Company B after the filing.
3) Then, Company C filed H1B transfer based on A¡¯s H1B approval and B¡¯s H1B petition receipt. And I worked for Company C after the filing.
4) Months later, Company B received a notice from INS, requesting additional information for its H1B petition case. Both B¡¯s and C¡¯s cases are still pending.

My questions:
a) Because I no longer work for Company B, what actions will Company B likely take with the INS notice? What options does Company B have in responding to the INS notice?
b) If Company B withdraws its petition, what impact will it have on Company C¡¯s H1B petition?
c) If Company B disregards the INS notice, chances are that its petition will be denied. What impact, again, will it have on Company C¡¯s H1B petition?
d) Suppose B¡¯s H1B is denied, will it cause C¡¯s H1B to be denied? If so, how will these affect my green card application (employment-based)?
e) What would be the worst case? What can I do to avoid the worst case?

Thank you in advance for your answers and advices!

Rajeev

 

[jaxen]

Simple form

The simplest version of the answer is that for yourself all you ahve to be worried about is whether you are in status. As long as you had proof of filing of transfer(I129/LCA) or H1 receipt notice or worst case - receipt number, you can argue that you had made every effort in your power to maintain legal status.

Even if one of the previous company withdraws the particular h1 or H1 transfer application or INS rejects a previously applied transfer , this can happen only after the receipt date of your current company's H1 transfer. Company C will not be rejected just because you kept jumping ship. This will not affect GC process.