Multiple petitions , H1 denial & out of status

Hi ,

I have this specific scenario & could find an answer any where in the blog .

Employer A had petitioned for my H1 in 2015 cap , got it approved and stamped till 2018.

I didn’t travel , instead got it transferred to employed B , who filed a cap exempted petition but got it only till 2017 .

With the visa stamping from employer A & i797 from both employers , I traveled , at POE no questions asked and got an i94 till 2018 based on A’s petition .Now employer B has filed an extension .I have got a better offer from employer C , but with premium processing suspended I would have to join with receipt number.B will have to inform USCIS that I have stopped working for them (this is mandatory , thats what i understand , please correct me if wrong.

Below are my questions around this scenario

Is it a normal process to get an i94 based on the employer , whom I was not planning to work for ?H1 extension & i94 extension , how are these two different .If i join C on receipt notice , and if this gets denied , I would be out of status .but is the out of status counted from the day I stopped working for B or the day the C’s petition got denied?By the time C’s petition is being processed , can D file another H1 transfer? Would this help as a back up to fall back in case C’s petition get denied.How would the out of status impact the future Green Card prospectus.I understand its a complex question .With all the experience members please help me .

  1. Your I-94 would be based on employer B’s H1 validity. The POE immigration officer must have overlooked it and applied the wrong dates on your I-94.

  2. They usually go hand in hand. With your extension approval petition you will get a new I-94 attached to it.

  3. From the day you get denial notice is how the count works.

  4. As you are here in USA, if your current H1 is still valid, you can always apply for transfer. You can check this with emp D lawyer, before you initiate.

  5. It would cause issues. Even for visa stamping, one of the questions in DS160 is where you ever out-of-status at any point in time.

  1. A lot of times, PoE officer looks at the visa stamp and uses its corresponding 797 for expiration date. That is why they may has used A’s petition. If you intended to work for B, then you should have specifically mentioned that you plan to work for B and not A.

Hi Saurabh ,
I was traveling for the first time .
As well they didn’t ask me whom I was going to work with & my visa was for 3 years , similar to i94. Both petitions where valid.
Would this be a problem in my future extension applications?
Should I request to correct .
Can you also answer the question 4

Does B know that your I-94 is annotated with A’s information? You should check w/ B’s attorney about this.

  1. Multiple employers can file H-1 transfers for you as long as you have a valid petition and I-94 at the time of filing. So in your case, you would have A’s 797 and I-94, and this can be used to file w/ C and D.