multiple h1 extensions

[veneaze]

Employer A has applied for 7th year extension with 140 approval and got an RFE.

1) Can another employer B file H1 transfer & extension?

2) What If A is approved while B is in process?

a) If one wants to continue with A, Does employer B has to revoke the LCA and petition or can leave it assuming beneficiary might join in future?

3) What If extension with A is denied while B is in process?

a)Does one have to move to B as soon as A's extension is denied ?

b)Does I94 play a role here? Does B needs to apply before I94 expires?

c)What If I94 expires before extension/transfer with B is approved?


4) What If company C who is not a consultant but direct client offers job?

5)Does concurrent H1 extensions impact GC?

6)What happens If A revokes H1 & 140 after one moves to B/C? Does one loose his PD ?

[shervin143]

1) Can another employer B file H1 transfer & extension?
>>> Yes.

2) What If A is approved while B is in process?
>>> Nothing. You can stay with A or join B when the transfer gets approved.

a) If one wants to continue with A, Does employer B has to revoke the LCA and petition or can leave it assuming beneficiary might join in future?
>>> Not required.

3) What If extension with A is denied while B is in process?
>>> If the transfer is filed before A's I-94 expires, then no no issues. Otherwise the transfer to B has to be filed as a case of bridging. In such case, if A's petition gets denied, B's petition will also get denied since the bridge broke.

a)Does one have to move to B as soon as A's extension is denied ?
>>> Yes. Any employment after the denial is considered illegal employment.

b)Does I94 play a role here? Does B needs to apply before I94 expires?
>>> Yes. see answer 3.

c)What If I94 expires before extension/transfer with B is approved?
>>> An extension cannot be filed with an expired I-94. So company A need to file the extension before the current I-94 expires (which they did). You should try to file the transfer before the current I-94 expires. If not, the transfer need to be filed based on the pending extension with Company A which will be a case of bridging. Search and read about posts related to bridging.

4) What If company C who is not a consultant but direct client offers job?
>>> I am sure what your question is. You get such job and if you like it, then you take it.

5)Does concurrent H1 extensions impact GC?
>>> No.

6)What happens If A revokes H1 & 140 after one moves to B/C? Does one loose his PD?
>>> You can still retain the priority date if you have a copy of the I-140 approval notice with employer A. The GC process need to be restarted with the new employer.

[veneaze]

thank you shervin143 for replying to my queries