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Hi ,
I am currently working for a company in H1B in their client location .My visa/i94 expired in September 2014. My company filed for an extension in August 2014 in normal processing. In September I attended interview with another company and got selected.So ,I upgraded my extension to Premium processing so that it will be approved, before my new company starts the H1B transfer. I thought, while my new company is taking care of other formalities like offer letter , background verification, I can get my current visa extension approved so that I will be ready for the transfer. I told my situation to my new company and asked them to hold on for a few days before starting the H1 transfer. I assured them that since my extension is in premium , it will only take a few days and told them to carry on with other formalities till then.
But I got an RFE in my extension asking for documents explaining employer-client relationship. I could'nt get a client letter but managed to gather some other documents and we filed the response to the RFE. But USCIS was not happy with the documents and issued a 2nd RFE. I managed to obtain a letter from the client now and we would be responding to the RFE soon.
Yesterday I found out, that my new employer has already started the H1B transfer in Premium and they gave me the receipt no. I immediately called them to ask why they filed , when my extension is still pending and i94 already expired.They said their attorney is aware about the situation and they have only started the H1B transfer and we would still depend on the current extension approval , and only after that I can join the new company. Now , below are my questions :
1) Can a company start H1 transfer for someone while the person's current visa extension is pending (and in RFE) and i94 already expired? Can there be 2 petitions on a person at the same time( one for extension and another for transfer).Would that lead to any conflict/confusion?
2)I have vaguely heard of the concept of bridging . Is this a bridging case? Is it complicated? If so , what are the complications?
3) When my current company's attorney is dealing with my extension, is there any way that they would get to know that another company has filed my transfer? The reason I am asking this is , I have not resigned from my current company yet. I want to wait till its safe.
4) Worst case , if my extension is denied , what would happen to my H1 transfer? Would that be denied too ? If that happens what are my options?Do I have to leave US? Can I get the consular processing done and join the new company?
Sorry about the long story . I am very confused about my current situation. Can you please advise?
Thanks in advance!
I am currently working for a company in H1B in their client location .My visa/i94 expired in September 2014. My company filed for an extension in August 2014 in normal processing. In September I attended interview with another company and got selected.So ,I upgraded my extension to Premium processing so that it will be approved, before my new company starts the H1B transfer. I thought, while my new company is taking care of other formalities like offer letter , background verification, I can get my current visa extension approved so that I will be ready for the transfer. I told my situation to my new company and asked them to hold on for a few days before starting the H1 transfer. I assured them that since my extension is in premium , it will only take a few days and told them to carry on with other formalities till then.
But I got an RFE in my extension asking for documents explaining employer-client relationship. I could'nt get a client letter but managed to gather some other documents and we filed the response to the RFE. But USCIS was not happy with the documents and issued a 2nd RFE. I managed to obtain a letter from the client now and we would be responding to the RFE soon.
Yesterday I found out, that my new employer has already started the H1B transfer in Premium and they gave me the receipt no. I immediately called them to ask why they filed , when my extension is still pending and i94 already expired.They said their attorney is aware about the situation and they have only started the H1B transfer and we would still depend on the current extension approval , and only after that I can join the new company. Now , below are my questions :
1) Can a company start H1 transfer for someone while the person's current visa extension is pending (and in RFE) and i94 already expired? Can there be 2 petitions on a person at the same time( one for extension and another for transfer).Would that lead to any conflict/confusion?
2)I have vaguely heard of the concept of bridging . Is this a bridging case? Is it complicated? If so , what are the complications?
3) When my current company's attorney is dealing with my extension, is there any way that they would get to know that another company has filed my transfer? The reason I am asking this is , I have not resigned from my current company yet. I want to wait till its safe.
4) Worst case , if my extension is denied , what would happen to my H1 transfer? Would that be denied too ? If that happens what are my options?Do I have to leave US? Can I get the consular processing done and join the new company?
Sorry about the long story . I am very confused about my current situation. Can you please advise?
Thanks in advance!
