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H1-B Extension and H1- B transfer same time.

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  • H1-B Extension and H1- B transfer same time.

    HI All,

    Need a advise. My Current H1- B/I94 is expiring on Dec 2015, I got and Offer with new employer B who will file my H1-B Transfer in Premium after 26 July.
    Should I file my extension with Current Employer A now.
    Is there any issue filling Extension now and later H1-B transfer. If Extension goes in some RFE or some will be any conflict with H1 B transfer.
    Or Assume Extension is not approved while H1B transfer is under process, will Transfer also got impacted.

    Thanks,
    TD

  • #2
    Should I file my extension with Current Employer A now.
    >>> You can file the extension. No Issues.

    Is there any issue filling Extension now and later H1-B transfer.
    >>> No issues.

    If Extension goes in some RFE or some will be any conflict with H1 B transfer.
    >>> It should not. However, if the extension is denied, then you will need to attach a copy of the denial while filing any future H1B petitions (similar to including all past approval notices).

    Or Assume Extension is not approved while H1B transfer is under process, will Transfer also got impacted.
    >>> Nope. As long as transfer and extension are filed prior to your current I-94 expiry date, there will be no issues.
    Not a legal advice. Use of this information is strictly at your own risk.

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