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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Can You Make a Second H1b Transfer While the First One is Pending

    Company A sponsored me H1b, which is valid through 2013. Unfortunately, I have to transfer to company B. Now I am working for company B. I received the Notice from USCIS recently. It says that my case is pending and my employer needs to submit documents. At the same time, I received an offer from company C.

    May company B withdraws the transfer and company C submits I129? Must I leave the U.S for waiting approval?

    Can I start to work for company C after it submits I 129 and receive the receipt?

    My most concern is whether I could stay in the U.S to wait for the result instead of leaving.

    My I-94 form shows F1 D/S. My firt H1b is valid through 2013. The visa page on my passport shows expire date is 2009 Jan.

    Hope people could discuss with me. I am almost driven crazy by my status issue.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    71,832

    Default Re: Can You Make a Second H1b Transfer While the First One is Pending

    Quote Quoting salts
    Can You Make a Second H1b Transfer While the First One is Pending
    Yes.
    Quote Quoting salts
    Can I start to work for company C after it submits I 129 and receive the receipt?
    Once the new employer has the receipt from the H1B filing you can legally start to work for the new employer. Issues can arise, for example, if the H1b petition is for some reason denied. Have you considered premium processing?

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