H1b transfer and extension at the same time.

[Phillytodc]

Hi everyone, I have a difficult question (at least to myself) regarding to my H1B extension and transfer.

I am currently working in company A, and my H1B will expire on 9/17/2012. A has filed the extension for me. The possible starting time of the extension will be 9/18/2012. USCIS received the petition on 5/21/2012. Now it has been 8 weeks, the result might come out very soon. Meantime, I have to relocate to another state due to family issue, and I'm lucky to get an offer from company B. Now B is going to petition H1B transfer for me, maybe not as a premium case.

It seems very likely the H1B extension will be ahead of the H1B transfer. My question is: 1. If the extension starting time is in late September, and the H1B transfer was approved and take effect before that date (say Sept 9). Will it be the case that when the extension take effect (say Sept 18), the H1b transfer filed by company B become invalid on Sept 18? 2. If the transfer approved after the extension starting date, will the extension automatically become invalid?

What if the H1B transfer is approved before the extension, do I have to ask A to withdraw the extension?

There are lawyers for both companies dealing with immigration issues. But I am overwhelmed with these things, please provide your opinion and suggestion. Thanks a million!

Regards,

Phillytodc

[shervin143]

It doesn't really matter which petition gets effective first or last as they are both H1B petitions. If both extension and transfer gets approved, you get to choose which employer to work for irrespective of their petition effective dates. You cannot work for the both the employers at the same time and once you start working for the employer B, you cannot just like that come back to work for the employer A if you decide to change your mind. You will either have to file a transfer back to A or leave the country and return back on employer A petition to start working again for employer A. It is advisable to join employer B only after the transfer gets approved.

[Phillytodc]

Thanks for your input, Shervin143.