H1-B transfer to a new company while extension is still in progress

[Saurabh Lele]

Hello,

My H1-B extension has been filed by Company A (current employer) one month back. My current I-94 and H1-B expire in 2 days. I have a new offer from Company B (new employer).

1. Can Company B file for a transfer while my extension is still in progress? Is this what is called a "bridge petition"?
2. Will I have to wait for a decision on the extension filed by Company A, to join company B?


With Regards,
Saurabh

[shervin143]

1. Can Company B file for a transfer while my extension is still in progress?
>>> Yes. Don't quit Company A until both Company A's petition and Company B's petition gets approved.

Is this what is called a "bridge petition"?
>>> Yes. Filing a transfer without a valid I-94 in hand but based on another pending petition is what is called as 'Bridging'.

2. Will I have to wait for a decision on the extension filed by Company A, to join company B?
>>> Yes. Read answer 1. If extension gets denied, and transfer gets approved, you will have to leave the country and return back on employer B's petition as the bridge has broken. If you leave employer A before their petition gets approved, they may withdraw the extension which will cause the bridge to break.

[Saurabh Lele]

Thanks for the reply. It was very helpful. I had few more question-

1. Company A has filed the petition in regular processing. Is there any way to expedite it? Can I or Company A or Company B apply for converting it premium processing?

2. Can the "bridge petition" be filed under premium processing? Will that have an effect on the processing time of the original petition filed by Company A?

[yadavmca]

If the bridge broken, what will the individual become out of status between the H1/I-94 expiry date and the company B H1 approved date?