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Immigration Issues/H1B ext thru another Co. while transfer pending

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Question
Hi Ajay,
A friend of my has started work for a new start up company and was in the process of having his H1B (was valid until Nov 2012) transferred. They asked for more details on education etc and the lawyers are saying he only has a slim chance of getting it renewed.I think the concern is whether the new company satisfies the criteria for H1B workers. Obviously he wants to stay in the country and is wondering if he now applies for a new job can that company apply for a new H1B while the transferral of the old one is still pending?
Also if he gets a new H1B does that restart the clock on needing to apply for a green card within 5 years or will it still be five years from when he got his first H1B.
Thanks in advance for your help.
Maureen

Answer
Hi,

A new company can file an H1B petition for your friend, and it is approvable. However, the USCIS will not grant "extension of status" through the new company (Co. C) until it first approves Co. B's H1B petition granting extension of status. However, if your friend is still employed by the original employer (Co. A), he can request extension of status through Co. C and attach recent pay stubs from Co. A, and in this event Co. C's H1B petition should be approved along with extension of status.

If extension of H1B status is not granted in Co. C's H1B petition, then your friend will need to depart the U.S. and obtain H1B visa stamp "consular processing") in the name of Co. C based on H1B approval of Co. C. When he enters the U.S., his H1B status through Co. C will be activated.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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