What are the risks of having H1B-amendment (by company A) and H1B-transfer (by company B) in processing at the same time?
-- Concurrently, I have received & accepted an offer from company B (company B is not a consulting business, they are a Fortune 500 bank). Company B will submit my H1B-transfer petition by 9/29.
-- My question: Is there a risk if USCIS receives both of these petitions for processing at the same time, what is the risk I run? Is there a possibility of RFE/rejection/anything else/etc.?
3 attorney answers
This could be a disaster. Schedule a consultation with an experienced immigration attorney. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
that the one petition that is approved last, will stick but will not be the one you wanted.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Each employer's petition is independent from one another and will be processed separately based on its own merits. The fact that you are named as the beneficiary in each is does not affect anything. You do not have to worry. All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.