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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28074
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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TO JUDITH: H1b Transfer approved from employer but have

Customer Question

TO JUDITH: H1b Transfer approved from employer B but have not left employer A and want to continue with employer A. Have not started at all with employer B. Can I continue to do so and if anything needs to be done from my end for the same?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Judith replied 6 months ago.
Thank you for requesting me.You can hold two approved petitions with valid I-94s.You can choose which employer you wish to work for.You do not have to take any action except choosing who to work for.It would be up to "B" to revoke your petition with USCIS if you do not go to work for them., I am sure you understand your positive ratingis very important to me as we are not on salary and that is how we receivecompensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will beyour personal immigration expert.Judith
Customer: replied 6 months ago.
Is there any way my employer A will come to know about it? Also originally my I94 with employer A was valid till Sept 2018 and with the new approval the I94 is the same but it shows valid end date on the I797 of march 2017 so what will be my I94 end date if I remain will employer A
Customer: replied 6 months ago.
Based on my I140 approval Employer A had filed for extension end of last year which was valid till Sept 2018 and that was the I94 valid date too. When Employer B filed for transfer they got approval till march 2017 so what is the status of my I94
Expert:  Judith replied 6 months ago.
As long as you stay with employer "A" then it is their I-94 that controls.Employer A would not have any way of being able to access any information from USCIS regarding H1B petition filed by "B".Any discussion about an I-140 is a separate issue requiring a new question thread. It is not relevant that A got extension based on I-140 as to their petition and I-94 for H1B status being valid despite B filing a petition.If you want to ease being unduly concerned, depart the US and surrender both I-94s and return using the I-797 for A.If you have to get a new visa because yours is expired that is what you have to do. Do I think you need to take this action, no, but you seem unduly concerned.I have no more to add to this. I have answered your original question in full.Judith
Expert:  Judith replied 6 months ago.
Asked and received the same answer from two experts. Just a note you cannot file an extension for A more than 6 months before it expires.I strive to give good customer service and comprehensive answers. I feel I have given you a professional answer worthy of a positive rating. Where did it fail?Judith

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