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

[jebli]

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 ?

[raghvi]

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.