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H1B transfer bridge case even when the original Visa is valid for one more year.

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  • H1B transfer bridge case even when the original Visa is valid for one more year.

    Hello,

    I tried to do a H1B transfer from Employer A to Employer B

    Employer B applied for H1B transfer in premium.

    I got an RFE for my H1B transfer. My Employer B attorney says RFE is issued because there are 2 H1B Amendment with Employer A is still pending(for which RFE is sent).
    Employer B attorney says may be the USCIS officer saw the amendment receipt notice but didn't see the original approval notice valid until October 2018

    My I-94 and visa is still valid till Oct 2018. Should the USCIS treat the new H1B transfer petition independently and not as a bridge petition ? Can the attorney convey this scenario to the USCIS officer investigating this case ?

  • #2
    Originally posted by jebli View Post
    Hello,

    I tried to do a H1B transfer from Employer A to Employer B

    Employer B applied for H1B transfer in premium.

    I got an RFE for my H1B transfer. My Employer B attorney says RFE is issued because there are 2 H1B Amendment with Employer A is still pending(for which RFE is sent).
    Employer B attorney says may be the USCIS officer saw the amendment receipt notice but didn't see the original approval notice valid until October 2018

    My I-94 and visa is still valid till Oct 2018. Should the USCIS treat the new H1B transfer petition independently and not as a bridge petition ? Can the attorney convey this scenario to the USCIS officer investigating this case ?
    In this case it does not matter whether your original visa, I797, or I-94 are still valid. What matters is whether you have a valid I797 and I-94 for the the location you are/were working with for employer A. If not then yes, B's bridge petition will be treated as "bridge petition"

    This is my opinion not legal advice.

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