new H-1 application with old one pending

S

sharoan

Registered Users (C)
Hi,
I had applied for H-1 transfer(due to change of employer) on Nov 13th. I am planning to move again and my new company will process my H-1 by premium processing.
Can I apply for another H-1 while my first H-1 is still pending?
Regards,
Sharoan
 
Yes you can. But if your other H1 has expired or if you are working for comapny B from Nov 2002 then there is a risk. What if after you change to C, employer B decides to withdraw the H1 transfer. Then from Nov 13 to the date of approval of company C, your status will become illegal.
Best way to handle this is to make the current transfer as premium processing and after approval file for company C h1 transfer from company B.
 
new H-1 while old one is pending

Hi Jaxen,
Thanks for the reply.
I started working for the company B from Nov13th. I dont think my current employer will withdraw my H-1. ( I can make an arrangement to that effect.)
I am more concerned about INS rejecting my H-1 since two requests are pending at the same time.
I plan to talk to the lawyer at the new company about this too.
regards,
Sharoan
 
In that case, you can do a transfer from B to C. I am not sure whether premium processing can be done only in B to C, though.
 
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