Can H1b extension from current employer be filed while H1B visa transfer is in progress with another employer

FIS
zoLQ68

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zoLQ68
Oct 25, 2020 6 Comments

Hi Team,

Please advise with my #h1b visa situation:

My H1B vis is getting expired in 2months and I got an offer from employer B. Visa transfer process has started and it will be filed in premium mode. Meanwhile my current employer A wants to file for extension as visa is getting expire in 2months.

Would it be okay to get visa extension filed from current employer A and visa transfer from another employer B at the same time.

Please advise!

Thanks!!

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TOP 6 Comments
  • Yes. But given the fucking weird times with immigration and what not — do get legal advice from employer B’s legal partners (hopefully they are a well established one and know what they are doing).
    Oct 25, 2020 2
    • FIS
      zoLQ68

      Go to company page FIS

      zoLQ68
      OP
      Thank you so much for replying!!

      Even if My current employer files for extension they will be doing it in Normal processing mode.. would that be okay?

      Do you think would it be helpful to delay extension filing process from current employer by couple of weeks? By then hopefully I will get a decision from Employer B visa transfer petition..
      Oct 25, 2020
    • Pls ask this question to employer B’s legal/immigration partner. They’d be the best to advise.
      Oct 25, 2020
  • FIS
    zoLQ68

    Go to company page FIS

    zoLQ68
    OP
    Thank you so much for sharing your experience !! It really helps😊
    Oct 26, 2020 0
  • Microchip
    🔕4️⃣5️⃣6️⃣7️⃣

    Go to company page Microchip

    🔕4️⃣5️⃣6️⃣7️⃣
    Yes. I myself went through that where my current employer filed extension in non-premium mode and my new employer filed change of employer plus extension petition in premium mode which got approved smoothly. And later the other petition was also approved. I just carry those i797 as well and provide it whenever the attorney asks to provide all previous i797.
    Oct 26, 2020 0
  • New
    jobfinder

    New

    jobfinder
    As mentioned above ask an attorney. But there is no harm in doing both at the same time. They are two independent processes. People have can two h1b at the same time from two different companies. So you should be good.
    Oct 26, 2020 0