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Bridge petition (a ---- b ---- c) ?

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  • vignesh27
    started a topic Bridge petition (a ---- b ---- c) ?

    Bridge petition (a ---- b ---- c) ?

    Hi,

    My H1b visa with Employer A is going to be expired on 30 Sep 2015 (I 94 expires on 10 Oct 2015). Employer B applied for H1B Transfer and Extension on 25 Aug 2015 in normal processing. I started working with Employer B with the receipt number from 1 Sep 2015, Employer A and B are in EVC model.I got a Full time position with Employer C after my first week of joining with Employer B. Employer C is applying for H1 transfer and Extension in premium processing before 30 Sep 2015 (LCA is approved, going to file with in 3 days) and wants to include my Petition receipt with Employer B. I am very much interested to join Employer C as it is a full time position and a better company. Could you address my questions:

    1. Since I Started working with Employer B, will the Transfer and Extension petition with Employer C going to be a bridge petition irrespective of the fact that they have applied before my visa expiration date with Employer A?

    2. If it is a bridge petition, Employer C is going to apply in Premium Processing (before 30 Sept 2015) in which case the decision should be out in 15 days unlike Employer B who applied in regular processing . Is USCIS going to hold the decision on Employer C's Transfer and Extension petition until the decision on Employer B's transfer Extension petition is made?

    3. I can persuade Employer B to push the Transfer and Extension petition to Premium, will that help in getting rid of the delay due to the bridge?

    3. What is the possibility of Transfer and Extension approval with Employer C irrespective of Employers B's petition?
    ( OR )
    4. How can I break the bridge petition with employer B? Do I need to get approval from Employer C in consular processing to do that? If so under what circumstance does USCIS approves the petition in consular processing?

    Thank you

  • Cnfsdabi
    replied
    Originally posted by vignesh27 View Post
    Hi,

    My H1b visa with Employer A is going to be expired on 30 Sep 2015 (I 94 expires on 10 Oct 2015). Employer B applied for H1B Transfer and Extension on 25 Aug 2015 in normal processing. I started working with Employer B with the receipt number from 1 Sep 2015, Employer A and B are in EVC model.I got a Full time position with Employer C after my first week of joining with Employer B. Employer C is applying for H1 transfer and Extension in premium processing before 30 Sep 2015 (LCA is approved, going to file with in 3 days) and wants to include my Petition receipt with Employer B. I am very much interested to join Employer C as it is a full time position and a better company. Could you address my questions:

    1. Since I Started working with Employer B, will the Transfer and Extension petition with Employer C going to be a bridge petition irrespective of the fact that they have applied before my visa expiration date with Employer A?

    2. If it is a bridge petition, Employer C is going to apply in Premium Processing (before 30 Sept 2015) in which case the decision should be out in 15 days unlike Employer B who applied in regular processing . Is USCIS going to hold the decision on Employer C's Transfer and Extension petition until the decision on Employer B's transfer Extension petition is made?

    3. I can persuade Employer B to push the Transfer and Extension petition to Premium, will that help in getting rid of the delay due to the bridge?

    3. What is the possibility of Transfer and Extension approval with Employer C irrespective of Employers B's petition?
    ( OR )
    4. How can I break the bridge petition with employer B? Do I need to get approval from Employer C in consular processing to do that? If so under what circumstance does USCIS approves the petition in consular processing?

    Thank you
    Hi Vignesh,

    What happened to your case I am also in the same boat could you help please?

    Leave a comment:


  • shervin143
    replied
    1. Since I Started working with Employer B, will the Transfer and Extension petition with Employer C going to be a bridge petition irrespective of the fact that they have applied before my visa expiration date with Employer A?
    >>> Yes. Your current employer now is B. So it has to be a transfer from B to C. Unless Company B's petition gets approved, company C petition will not get approved with a new I-94.

    2. If it is a bridge petition, Employer C is going to apply in Premium Processing (before 30 Sept 2015) in which case the decision should be out in 15 days unlike Employer B who applied in regular processing . Is USCIS going to hold the decision on Employer C's Transfer and Extension petition until the decision on Employer B's transfer Extension petition is made?
    >>> Hard to say. Ideally what should happen is either they approved both the petition or they should issue an RFE on Company C's petition and mention that cannot proceed until a decision on company B's petition is made.

    3. I can persuade Employer B to push the Transfer and Extension petition to Premium, will that help in getting rid of the delay due to the bridge?
    >>> Yes, that will help.

    3. What is the possibility of Transfer and Extension approval with Employer C irrespective of Employers B's petition?
    >>> It is a bridge petition. Unless USCIS overlooks the fact that it is a bridge petition, company C's petition won't get approved (with new I-94) without company B's petition getting approved.

    ( OR )
    4. How can I break the bridge petition with employer B?
    >>> You can't.

    Do I need to get approval from Employer C in consular processing to do that?
    >>> That is one possibility. Company C can file the petition for CP. You cannot work for that employer unless you leave the country and return backing using their petition.

    If so under what circumstance does USCIS approves the petition in consular processing?
    >>> The employer need to request the approval to be CP instead of a transfer.

    Leave a comment:

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