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Hoping my H1 transfer filed in Jan'13 is approved & H1 extn with current employerB is pending,can I work for B after I94 expiry?

Lisle, IL |

1. My H1 Visa from employer A was valid from Nov 2008 till Sep 2010.
2. I changed from employer A to employer B (Current employer) in July 2010. My H1 petition was transferred and extended for employer B. New H1 petition and I-94 are valid till March 11, 2013.
3. My employer A offered me a job in Jan 2013. Employer A filed for my H1 transfer (and probably extension as well) in premium processing. There was an RFE and we are responding to it now.
4. Since my H1 petition is valid till March 11, 2013; my current employer is insisting to submit the documents for H1 extension. My current employer will file for my H1 extension by normal processing in February 2013.
As my H1 extension is already filed by employer B, can I work for him after March 11, 2013 to serve notice period?

Attorney Answers 2


  1. I cannot recommend having multiple employers filing for you at the same time, and switching back and forth.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. I agree with my colleague. You need to decide which employer you will work for and have that, and only that employer do the process.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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