H1B Transfer and H1B Extension for the same client

USA H1B Visa
1

Working on H1B - Employer A, Client B

I am working for Employer A placed at client B for over 3 years.
Now my client B offered me Full time position and they applied for H1 transfer.

H1B transfer to Client B - RFE issued

H1 Transfer from Client B got RFE and I figured out that the LCA is applied under “computer systems analyst” which is a problematic job position as I read through many posts.

I am now lost hopes of my H1 Transfer getting approved with Client B. I did not start working for the Client B in Full time position yet.

I am still working for them as Contractor though my Employer A.

I am also eligible for extension with my Current Employer A. My I-94 expires Aug, 2018.

Is H1B extension allowed with H1B transfer pending with same end client?

Now that I have lost hopes on H1 Transfer, Can I apply for H1 extension with Employer A working at client B location? (whose H1 Transfer petition is in RFE)

Please advise me if I have to wait for the result of H1 Transfer and then apply for H1 extension or Can I go ahead and apply for H1 extension.

2

Hi @Hanvi

You do not need to wait. You can apply for H1B extension with your current employer A along with pending H1B transfer for Client B.
All applications can run in parallel.

3

Thank you Anil for your quick reply.
I am just worried if the H1B extension from Employer A working at the same client B job location will be any problem…
I have I-140 approved with Employer A.
Also, with H1 transfer I have applied for my wife’s H4 extension and H4-EAD extension. Can I still file the applications if I go for H1 B extension with Employer A.

4

Each #h1-b application is decided by USCIS based on the papers filed with that particular application.

So, your client B’s #h1b-transfer application will be based on their own paperwork and employer A’s #h1b-extension will be solely decided on what they have claimed in their application.

You can file as many applications as you want including #usa:h4 and #usa:h4-ead.