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Working with a second H1B receipt notice while the first H1B extension is still pending.
Anonymous2 views3 answers
first h1b extension is filed in Sep and its still pending, I-94 is expired in Oct. Now, if I file for a new concurrent H1B can I work for the second employer after they receive receipt for the second H1B.
What happens if the first H1B is denied, can I still work on the second H1B receipt notice(filed after I94 is expired) till a decision is made on the second H1B.
If this is a concurrent H1B employment case, your 2nd employer can not file a concurrent H1B petition for you as the cap run out. If the 2nd employer file a change of employer petition, you can start to work for the 2nd employer after you received a receipt from USCIS. If USCIS deny the 1st H1B, USCIS will deny the change of employer petition as well.
The concurrent H-1B can only be approved if the extension is first approved.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
