extension to H1B in current company even H1B transfer to other company is in progress

USA H1B Visa
1

Hi,

I am currently working in India for company A. Company A had applied H1B in the year 2015 and got visa in Feb 2016. I did not travel to USA because of some personal issues. Now I have got one more offer from Company B. Company B has initiated transfer of H1B while I am in Company A in India. I am in Company A but planning to leave Company A soon. Now Company A’s petition is expiring in 15 days and H1B transfer to Company B is in progress.

-Can Company A file H1B extension based on previous petition of Company A or Company A has to know the latest petition which Company B has initiated(this petition may be denied since it is in progress and got second RFE)?

2

Well, there is never really a “transfer”. You end up getting 2 petitions (considering B’s petition is approved) and either can be used for future extensions/“transfers”.

So A can use their own petition as reference to file the extension.