H1 Transfer petition when another transfer petition is Pending from INDIA

[krishnaone]

Hi,

I am working in India for a small service based company 'A' and I applied for H1 under the 2013 quota through consulting company 'B' in USA, its approved but did not go for visa stamping.
Now my current India company 'A' applied H1 transfer with premium processing (based on the previous approval got by 'B'),got the Receipt number and also got a RFE(Its is pending as of now), now I have an another good offer from company 'C' from USA to transfer my H1

So here are my questions

1) Can the Company 'C' transfer my H1 while another petition from company 'A' is pending?
2) Do I need to provide the Receipt from Company A along with approved copy from company 'B'( I heard some thing called Bridge Petition) OR only approved copy of Company 'B' ?
3) What if the transfer petition filed by Company A is denied while another petition from Company 'C' is in processing? Does it affect the Company 'C' approval?) considering am in India
4) Do I need to wait till I get the decision for Company 'A' transfer petition, If I need wait,If in case its denied can company 'C' still file a transfer petition with previous approval of company 'B'?

Can someone please help me?


Thanks!

[kadkhiq81]

H1 Transfer petition when another transfer petition is Pending from INDIA

Yes, You are correct. Company C can apply for the transfer as a bridge petition however if A petition get rejected in anyways, it will break the bridge and the company C petition will be invalid/rejected.

So, it's better to get the result of A as it has been applied as a premium already. You can decide which approved petition to give to company C for the transfer based on A's result. But my question is that, why do you have to waste other employers time, money if you decide you are not going to join them??

This is my opinion.

[krishnaone]

Yes, You are correct. Company C can apply for the transfer as a bridge petition however if A petition get rejected in anyways, it will break the bridge and the company C petition will be invalid/rejected.

So, it's better to get the result of A as it has been applied as a premium already. You can decide which approved petition to give to company C for the transfer based on A's result. But my question is that, why do you have to waste other employers time, money if you decide you are not going to join them??

This is my opinion.

Hi Kadkhiq81,

Thanks for your reply. When I google about the bridge petition based on the description what I understood is, its only applicable if I am in USA on H1B status,
and it is something related If I start working with Company 'A' in USA based on the reciept(before it gets approval) and if Company C wants to file transfer petition, then I have to provide the Company A reciept.

So I am thinking like its not applicable to me is because I am not in US currently working in India.

I want to work with Company C if the petition gets approved since its better offer for me than Company A and I am not sure like how far Company A can answer for RFE.

Please correct me if I am wrong.

Thanks!

[raghvi]

Hi Kadkhiq81,

Thanks for your reply. When I google about the bridge petition based on the description what I understood is, its only applicable if I am in USA on H1B status,
and it is something related If I start working with Company 'A' in USA based on the reciept(before it gets approval) and if Company C wants to file transfer petition, then I have to provide the Company A reciept.

So I am thinking like its not applicable to me is because I am not in US currently working in India.

I want to work with Company C if the petition gets approved since its better offer for me than Company A and I am not sure like how far Company A can answer for RFE.

Please correct me if I am wrong.

Thanks!

Yes you are right. Bridge petition is applicable only when one is in US. There is no harm in getting multiple cap exempt petitions filed with multiple employers, based on whose petition gets approved first you can attend that employer's visa interview. All that you need to provide is the original approved petition copy/receipt number. In your case that would be Company B's approval notice/receipt as they were the one who originally applied for your H1 and that petition was approved.

This is my opinion not legal advice.

[krishnaone]

Yes you are right. Bridge petition is applicable only when one is in US. There is no harm in getting multiple cap exempt petitions filed with multiple employers, based on whose petition gets approved first you can attend that employer's visa interview. All that you need to provide is the original approved petition copy/receipt number. In your case that would be Company B's approval notice/receipt as they were the one who originally applied for your H1 and that petition was approved.

This is my opinion not legal advice.

Thanks much Raghvi, its a good News for me. I really appreciate your help.