Overlapping of my H1-B Visa Extension with another H1-B Visa Transfer/Extension

[vishucool]

Hello Everyone,

I have got into a complicated situation of overlapping of my H1-B Visa Extension with another H1-B Visa Transfer/Extension for me

I am currently working with Employer A on H1-B Visa and my current H1-B Visa expires in September 2012
Employer A is about to file my Perm process and also my H1-B Visa Extension in the next few days. The H1-B Visa extension will be under Regular Processing.

I have accepted another Job Offer from Employer B, and Employer B is also about to start with my H1-B Transfer/Extension process. Currently, Employer B has filed my LCA (on April 17) and after its approved (around April 25), Employer B will file my H1-B Transfer and Extension process under Premium process.

So right now my case could become complicated, as within the same time USCIS may see two applications of H1-B Extension for me
1. One from Employer A who is about to file Perm process with H1-B Extension UNDER REGULAR PROCESSING
2. Second from Employer B, who has already filed for my LCA and within one week will file for my H1-B Transfer / Extension UNDER PREMIUM PROCESSING

1. As far as I know, my Employer A filing the Perm process will have no impact on my Employer B's H1-B Visa Transfer / Extension process. Please confirm

2. I would like to know the impact of the H1-B Visa Extension from Employer A on my H1-B Visa Transfer / Extension from Employer B. The only difference between these two cases is Employer B is filing UNDER PREMIUM PROCESSING
Please suggest if this could be an issue for me. If yes, then what I can do to make sure that the H1-B Visa Transfer / Extension from Employer B goes smoothly.
I cannot even give the two weeks notice to Employer A, as my H1-B Visa transfer with Employer B is still not approved (currently not even filed, only LCA is filed).

It would be great if the Experts on this forum could help me with what I can do to avoid any complications

Thanks in advance
V

[shervin143]

1. As far as I know, my Employer A filing the Perm process will have no impact on my Employer B's H1-B Visa Transfer / Extension process. Please confirm
>>> It will have no impact.

2. I would like to know the impact of the H1-B Visa Extension from Employer A on my H1-B Visa Transfer / Extension from Employer B. The only difference between these two cases is Employer B is filing UNDER PREMIUM PROCESSING
Please suggest if this could be an issue for me. If yes, then what I can do to make sure that the H1-B Visa Transfer / Extension from Employer B goes smoothly.
>>> This is not an issue. Petition for extension of status from the current employer and a petition for H1B transfer from another employer can be filed at the same time. No issues.


I cannot even give the two weeks notice to Employer A, as my H1-B Visa transfer with Employer B is still not approved (currently not even filed, only LCA is filed).

It would be great if the Experts on this forum could help me with what I can do to avoid any complications
>>> There is absolutely no complication in your case. Keep working for employer A until employer B's petition gets approved with a new I-94. Once approved, serve the notice period and move to employer B or if you decide to continue with employer A, you can do that as well. But once you join company B, you cannot go back to working for company A without filing a H1B transfer back to A or leaving the country and returning back in employer A's valid H1B petition.