Shall I initiate H1B Transfer while my currently H1B Transfer is in progress

[ank123]

Last month I've joined one of IT MNC (Company B) from Company A, and they transferred my H1B which is still Pending Status and started working on the project, but due to some budget or financial problem client have closed this project and now my company told me that they will wait for next 15 days (as part of 15 days notice period) to get the project and if not than they will terminate me on 4th August 15. So I don't know what are my options are:

1. Is it possible if find new employer (Company C) from my side and transfer my h1b to new employer? Is it okay to transfer H1B visa (Company C) when current H1B is still pending (Company B)? If company B revoke my H1b transfer (From Company A to B) then does that impact my future H1B transfer (from B to C)?

Please request you to provide you guidance as earliest as I don't have much time to decide.

Thanks in advance!

[shervin143]

1. Is it possible if find new employer (Company C) from my side and transfer my h1b to new employer? Is it okay to transfer H1B visa (Company C) when current H1B is still pending (Company B)? If company B revoke my H1b transfer (From Company A to B) then does that impact my future H1B transfer (from B to C)?
>>> Possible, but your petition need to be filed as a bridge petition since you are already working for B. In such case, if employer B's petition gets denied or if they revoked, your transfer to C may get impacted. Either the transfer will get denied or it may get approved for consular process (approval without a new I-94). This is why it is not advisable to join any employer with just the H1B transfer receipt. Waiting for the approval notice to join the employer is always the best thing to do.

[ank123]

1. Is it possible if find new employer (Company C) from my side and transfer my h1b to new employer? Is it okay to transfer H1B visa (Company C) when current H1B is still pending (Company B)? If company B revoke my H1b transfer (From Company A to B) then does that impact my future H1B transfer (from B to C)?
>>> Possible, but your petition need to be filed as a bridge petition since you are already working for B. In such case, if employer B's petition gets denied or if they revoked, your transfer to C may get impacted. Either the transfer will get denied or it may get approved for consular process (approval without a new I-94). This is why it is not advisable to join any employer with just the H1B transfer receipt. Waiting for the approval notice to join the employer is always the best thing to do.

Thanks shervin143 for your time and feedback.

As USCIS will start accepting H1b premium process from 27th July 2015 (from tmw), and if I go with premium process (for new petition "C") and may get result in 15-20 business days (at least sooner then petition B as it is in normal processing), then how does petition B impact petition C? Or even putting petition C on premium make no difference here and still waits for petition B outcome?

I already discussed my current employer (Employer B) HR Manager (with less information) about future of my H1B which is in process and he told me that they will not revoke that petition , but I have serious doubts on this and I am sure later or sooner they will do so or even if not than still they won't support (follow up) my petition in case of any rfe raised.

Thanks again!

[shervin143]

As USCIS will start accepting H1b premium process from 27th July 2015 (from tmw), and if I go with premium process (for new petition "C") and may get result in 15-20 business days (at least sooner then petition B as it is in normal processing), then how does petition B impact petition C? Or even putting petition C on premium make no difference here and still waits for petition B outcome?
>>> USCIS has already started processing premium processing applications. If USCIS thinks that they cannot process Company C's petition before processing Company B's petition, then they can reject your application for premium. Or, they will accept Company C's petition, but may approve it for consular processing (without new I-94). Is your I-94 still valid? If that is the case, filing Company C's petition in premium might work. Otherwise, when Company B's petition is revoked or rejected, the bridge breaks.