Multiple H1B VISA petitions

[sai_sid]

Hello Every one,

I am in a very complex situation, I will try my best to describe it. I worked for company A which applied for my H1B visa which got approved, in June'10 I moved to another company B as the job prospects are good. My Ex-employer A was not happy with that, he did not agree for VISA transfer. So my current employer B applied for another H1B petition which is under review now.

As I have a valid H1B applied by company A, my school terminated my F1 (OPT)status from this Oct 1st, which would otherwise get expired in March 2011. My Ex- employer(A) said that he filed for withdrawal of my H1B a week ago. I informed this to my current employer(B) and they have requested premium processing. I am worried what my status would be now, because I am no longer in F1 visa and my H1B is with another company for which I am not working anymore. Am I out of status?

Please let me know your suggestions/opinons. Thanks a lot for your time.

SAI

[Subramanya]

I am in a very complex situation, I will try my best to describe it. I worked for company A which applied for my H1B visa which got approved, in June'10 I moved to another company B as the job prospects are good. My Ex-employer A was not happy with that, he did not agree for VISA transfer. So my current employer B applied for another H1B petition which is under review now.

As I have a valid H1B applied by company A, my school terminated my F1 (OPT)status from this Oct 1st, which would otherwise get expired in March 2011. My Ex- employer(A) said that he filed for withdrawal of my H1B a week ago. I informed this to my current employer(B) and they have requested premium processing. I am worried what my status would be now, because I am no longer in F1 visa and my H1B is with another company for which I am not working anymore. Am I out of status?

---- NO. you are not out of status as you have applied for H1 transfer from company A to B ans also premium processed it. You whould get a response from USCIS within 2 weeks so that you can join company B. In the meanwhile wiat for the response and this interim period will not be considered to be out of status

---- To be absolutely sure speak to the employer's attorney or to your own attorney if you have one

Subramanya

[sai_sid]

Thank you so much for your prompt response Subramanya. I guess you might have overlooked my post. My ex-employer A did not agree for VISA transfer, he did not provide me with the H1B documents to file for the transfer, which is why my new employer applied for another H1B petition, for change of status. Yes, my new employer has an attorney but it is a very time consuming process to get a response from him,so I thought I can get quicker response from senior members like you if I post this in a forum.