Hi All, I am in an unwanted situation and I am not sure what to do. I am waiting for my employer to get back to me but I wanted to see if anyone can help me in my situation.
Will H1B transfer application become void if H1B extension is filed by existing employer?
I am on H1B for my current employer say A till Aug. In the mean while I got a job offer from employer B in April, they filed for an H1B transfer from A to B.
In June I got an RFE on my transfer and now A has filed for an extension on my current visa.
Employer B says the H1B transfer request is void now since Employer A has filed for an extension.
I am not sure what is right and what is wrong and what I need to do now.
All H1B applications are evaluated independently.
Your H1B transfer application is valid and can keep itself active and reach a result.
You can join the new employer as and when the transfer is approved.
At that time, if your current employer’s H1B extension application is pending, they will apply for its withdrawal after you leave them. Simple.
What if Employee waits or continues with the current employer until the H1B Extension from the current Employer is Approved.
Will that void the new Employer’s H1B transfer petition already approved?
If both the petitions are approved, Can Employee choose new or current employer
I am basically asking this question because sometimes, Employers tend to keep you with position or salary changes and Employee may continue with current employer and hence in this case an Approval of H1B extension from current employer is also required.
Wait for current employer’s H1B extension approval
Yes, you can wait for H1B extension approval.
H1B transfer gets void?
H1B Transfer is a separate application and does not get void unless the employer withdraws it.
If both H1B transfer and extension get approved
If both petitions are approved, you have the option to choose and work for any employer you want.
I could not understand your last question about salary.
Can you explain a little more about it?
I think you answered my questions, Please ignore about “salary” thing… Im just trying to explain why Employees may sometimes look back to the current employer even though they have a new opportunity with a different employer…