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Can Current Employer and the end client both apply for H1 extension/transfer?

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  • Can Current Employer and the end client both apply for H1 extension/transfer?

    Visa status : H1 B (has been approved last year and the validity given was 1yr)
    and it is going to expire in Sep 2015. So, My employer had fied for H1 Extension (provided client/vendor letters etc) and it is still pending .

    My work Status : I am working for an end client (C) thru my Employer (E) via midVendor(V) , Now my end client (C) wants to hire me and they are ready to do H1 Transfer.

    My concern is :

    Since My current employer (E) had already applied for h1 extension with cLient letter specified that "client is not responsible for firing , benefits etc , and so on and E is his/her employer and responsible for benefits etc " , BUT if the same end client applies for H1 transfer after h1 extension(which was filed by current employer E) gets approved , is there any chance of transfer denial because h1 extension client letter specifies
    like above sentence in quotes but whereas when h1 transfer filed by end client comes into picture , end client will actually show the documentation in a manner that company (who is my present end client) will be responsible for my firing,benefits etc.

    Please help me on how I should proceed on this:

    I definitly don't want my H1 Extension to be withdrawn just to be on safe side (just incase if H1 transfer gets denied, I can have my current employer still holding my H1)
    ,So I want it to keep going , keeping this in mind, I want my h1 transferred to end client after I get approval notice on extension
    I wanna know the h1 transfer accepance rate for this kinda scenario because the present end client and future employer to whom I wanna transfer my H1 to are both same

  • #2
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    Comment


    • #3
      Originally posted by PhaniReddy View Post
      Visa status : H1 B (has been approved last year and the validity given was 1yr)
      and it is going to expire in Sep 2015. So, My employer had fied for H1 Extension (provided client/vendor letters etc) and it is still pending .

      My work Status : I am working for an end client (C) thru my Employer (E) via midVendor(V) , Now my end client (C) wants to hire me and they are ready to do H1 Transfer.

      My concern is :

      Since My current employer (E) had already applied for h1 extension with cLient letter specified that "client is not responsible for firing , benefits etc , and so on and E is his/her employer and responsible for benefits etc " , BUT if the same end client applies for H1 transfer after h1 extension(which was filed by current employer E) gets approved , is there any chance of transfer denial because h1 extension client letter specifies
      like above sentence in quotes but whereas when h1 transfer filed by end client comes into picture , end client will actually show the documentation in a manner that company (who is my present end client) will be responsible for my firing,benefits etc.

      Please help me on how I should proceed on this:

      I definitly don't want my H1 Extension to be withdrawn just to be on safe side (just incase if H1 transfer gets denied, I can have my current employer still holding my H1)
      ,So I want it to keep going , keeping this in mind, I want my h1 transferred to end client after I get approval notice on extension
      I wanna know the h1 transfer accepance rate for this kinda scenario because the present end client and future employer to whom I wanna transfer my H1 to are both same
      The information given in the extension application is your current situation. Your employer has all the responsibilities over you, and the end-client is simply a client, not an employer. The transfer application is what your role will be once the transfer occurs. The client is now asking USCIS to become your employer and take over all the responsibilities of employing you. There is no conflict here that cannot be explained.

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