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H1b transfer while another transfer is pending

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  • H1b transfer while another transfer is pending

    My story is like this:

    1. I was working in employer A till June 2016, with a valid H1b status to Oct. 2018.
    2. In July, I started to work for employer B, which filed an H1b transfer for me, which is still pending now.
    3. Now, I accepted an offer from employer C, will start to work for them at the end of this month. They have filed another H1b transfer.

    Now the problem is employer B will withdraw their transfer on the Day 1 after I resign. My I-94 is valid through 2018 and I don't have any gap between my employments.

    My question is: will B's withdraw of transfer affect C's transfer? If so, what should I do?

  • #2
    Originally posted by alextoqiang View Post
    My story is like this:

    1. I was working in employer A till June 2016, with a valid H1b status to Oct. 2018.
    2. In July, I started to work for employer B, which filed an H1b transfer for me, which is still pending now.
    3. Now, I accepted an offer from employer C, will start to work for them at the end of this month. They have filed another H1b transfer.

    Now the problem is employer B will withdraw their transfer on the Day 1 after I resign. My I-94 is valid through 2018 and I don't have any gap between my employments.

    My question is: will B's withdraw of transfer affect C's transfer? If so, what should I do?
    No. If Employer B withdraws the petition before C's is approved you should be good.
    This is just my opinion, not a legal advice.

    Comment


    • #3
      Thank you so much for your reply. Someone told me it is something called 'bridging' petition', meaning C's approval is dependent on B's approval. Is it true?

      What if C's is approved before B's withdrawal? C is considering adding a premium processing when they know B is going to withdraw. It is possible that C's petition is adjudicated before B's withdrawal. Would it be a problem.

      Happy holidays!

      Originally posted by SKDS160 View Post
      No. If Employer B withdraws the petition before C's is approved you should be good.

      Comment


      • #4
        A has withdrawn my first H1b 2 months ago. B said will withdraw my 1st transfer shortly. C has filed a PP for my 2nd transfer.
        Does any body have same experience or have other insights on my situation?
        This is super stressful...

        Comment


        • #5
          Originally posted by alextoqiang View Post
          A has withdrawn my first H1b 2 months ago. B said will withdraw my 1st transfer shortly. C has filed a PP for my 2nd transfer.
          Does any body have same experience or have other insights on my situation?
          This is super stressful...
          Hi,

          How it worked out for you, could you please help, i am also in the same situation?

          Comment

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