H1 Transfer Emp B & H1 Extension Emp A - Scenario

[sunrah]

Experts,

I would like to know from your experience and current Immigration law.

Working for Emp A, visa approval valid upto Sep 2015. Need to initiate extension with Emp A to maintain status.

Has a offer from Emp B. Emp B would like to initiate H1 transfer before end of Aug 2015.

Questions:

1. Can both happen together? i) Initiate H1 extension with Emp A on Aug 2015. ii) Initiate H1 transfer with Emp B on Aug 2015.

2. If I assume to go with option 1 (doing both together), what if H1 transfer (Emp B) gets approved first (then moving to Emp B), followed by H1 extension (Emp A) rejected or going to RFE during the course of approval cycle?

3. If I assume to go with option 1 (doing both together), what if I decide to move to Emp B with receipt of H1 transfer filed by Emp B while extension filed by Emp A is in process? And in the meanwhile if I get RFE for transfer case Emp B? And if I cross past Sep 2015 which is the end of my active status?

Please suggest.

[shervin143]

1. Can both happen together? i) Initiate H1 extension with Emp A on Aug 2015. ii) Initiate H1 transfer with Emp B on Aug 2015.
>>> Yes.

2. If I assume to go with option 1 (doing both together), what if H1 transfer (Emp B) gets approved first (then moving to Emp B), followed by H1 extension (Emp A) rejected or going to RFE during the course of approval cycle?
>>> Each application will be evaluated individually. One will not have any impact on the other.

3. If I assume to go with option 1 (doing both together), what if I decide to move to Emp B with receipt of H1 transfer filed by Emp B while extension filed by Emp A is in process?
>>> You can do that. But of the transfer is denied, then you will have to leave the country immediately to avoid out of status period or illegal stay.

And in the meanwhile if I get RFE for transfer case Emp B? And if I cross past Sep 2015 which is the end of my active status?
>>> RFE is fine. You are allowed to stay and work as long as the petition is not denied as long as the transfer or extension is filed before your current I-94 expiry date.