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  • H1 transfer with previous H1 transfer in process

    I'm on a H1B status and was initially working for Company A, with an approved Visa. A few months ago after resigning from Company A, I initiated a H1 transfer to Company B. I have been working for Company B for the last 5 months, and on their pay role since then. However my visa transfer with Company B is still in process, and yet to be approved. Meanwhile, I have got an offer from Company C, and am thinking about joining them. Due to some personal situation, I may not be able to wait longer than next 10 days to join Company C, else will have to let go this offer.

    1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

    2. Will I have to wait until my Visa with Company B has been approved? Can I use approval notice from Company A and pay stubs from Company B to initiate transfer with Company C ?

    3. Will there be any legal issues since there will be multiple H1 transfer cases, one with Company B and other with Company C. I have read somewhere that "Multiple filings can create confusion when trying to track an individual's status. There are issues with what is known as 'bridging' when there are multiple filings. If one is relying on the filing from Employer B as a bridge in status to carry him/her over to Employer C, the Employer B petition has to be approved in order for the Employer C petition to be approved as an extension of status." If Company B cancels my pending visa transfer, will this affect my chances of H1 approval with Company C ?

    Any kind on response for the above would be appreciated.
    Last edited by mysticblue; 08-11-2008, 07:31 PM.

  • #2
    I have transferred from company A (approved h1) to company B(filed/receipt received, but not the approval), moved to company C(filed/receipt received but not approval) and now moving to company D(another H1 transfer). Since these lawyers are aware of my mulitple h1 filings and are still going ahead with it, I assume it is ok.

    However, I'd like a legal opinion as well.

    Suhanya.

    Comment


    • #3
      Search for the word 'bridging' on the forum and follow the posts.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Thanks txh1b.

        I read about a few cases of 'bridging' in the forum. As per the posts, most of the cases were trying to do a H1 transfer from Company B to C, when H1 Extension with Company B is pending.

        1. In my case H1 transfer with Company B is pending and I have a valid approval from Company A and valid I-94 (until 2010). Is this also considered as a 'bridging' case?

        2. Can I directly use the approval notice from Company A to transfer my H1 to Company C? Will outcome of H1 transfer to Company B affect my transfer to Company C ?

        3. As a response to one of the cases, it has been suggested that "Apply for transfer to new employer under Premium Processing. This is very important as you need to have the result of the transfer before any action is taken on the extension petition. Resign from current employer ONLY if extension of stay from employer B is approved". Should I go with the same solution, or it will it be different in my case ?

        I would really appreciate if you could answer the above queries.
        Last edited by mysticblue; 08-12-2008, 06:17 PM.

        Comment


        • #5
          Originally posted by suhanya
          I have transferred from company A (approved h1) to company B(filed/receipt received, but not the approval), moved to company C(filed/receipt received but not approval) and now moving to company D(another H1 transfer). Since these lawyers are aware of my mulitple h1 filings and are still going ahead with it, I assume it is ok.

          However, I'd like a legal opinion as well.

          Suhanya.
          Thanks Suhanya.
          When you moved on from Company B to C, did you later on get the approval for B? Or the Company B stopped your H1 transfer? Which approval (the one from A, B or C) you are using for transferring to Company D ?

          Comment


          • #6
            1. Yes

            2. If you have used AC21 and started working for B, you should use A + B receipt + paystubs of B. B's transfer if denied would result in out of status period. Hence, getting C's transfer approved before B's result is important.

            3. Go with the same solution.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Thanks txh1b for your valuable inputs !

              Comment


              • #8
                Hi txh1b,

                Based on what we have discussed, I have a few doubts, and would really appreciate if you could resolve this.

                1. If i do a premium processing while transferring to Company C, will my pending transfer case with Company B be questioned ?

                2. Assuming there is no RFE, is approval within 15 days guaranteed for a premium processing case ?

                3. God forbid, if premium processing transfer to Company C is denied, with transfer with Company B still pending, will i still be 'In Status' and able to work for Company B ?

                Thanks in advance !

                Comment


                • #9
                  1. Possible. Are you working for B?

                  2. Could also be denial. No approval guarantees just because it is premium. A result is guaranteed in 15 days with PP.

                  3. Yes as long as you are getting paid and working.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment


                  • #10
                    Dear txh1b,

                    Yes, I have been on the payrolls of Company B for the last 5 months, with a pending H1 transfer. However, they have not been able to find a project till date (i'm on bench with pay) and that is the reason, I've been looking for a change to Company C. I have all paystubs for Company B till date.

                    So with my case, do you foresee any issue with the approval of a premium transfer to Company C ?

                    Comment


                    • #11
                      Originally posted by mysticblue
                      So with my case, do you foresee any issue with the approval of a premium transfer to Company C ?
                      No issues as long as you were in status. Discuss the red part with your lawyer.

                      1. Portability and "Bridging"

                      AC21 allows a foreign national who was previously in H-1B status to begin new employment (or to "port") upon the filing of an H-1B petition by a prospective employer. (As opposed to having to wait for petition approval before starting the new job). The memo states that a foreign national can port to new employment while an extension of H-1B status filed by another employer is pending on the foreign national's behalf.

                      For example, a foreign national is working for Employer A for 3 years. Prior to expiration of the foreign national's H-1B status, Employer A files a petition to extend his stay. While that petition is pending, the foreign national's H-1B status expires but the foreign national remains in a "period of stay authorized by the Attorney General," and is authorized to continue working for 240 days under 8 CFR 274A.12(b)(20). While the extension continues to pend, Employer B files a petition for new H-1B employment on the foreign national's behalf. Under the memo, the foreign national may go to work for Employer B immediately upon the filing of the new petition by Employer B, regardless of the fact that the foreign national was technically out of status when Employer B filed the new petition.

                      In addition, successive H-1B portability petitions can be filed on a foreign national's behalf so long as each portability petition separately meets the requirements for H-1B classification and extension of stay. However, if one of the bridging petitions is denied, it will most likely result in the foreign national's going out of status and beginning to accrue unlawful presence.

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Help needed

                        Did you able to transfer your visa to company C atleast under a counselar notification ?
                        I'm in a almost same situation and working for B small company for 3 onths on payslips and Big MNC started filing my H1B transfer under counselar notification . I have a h1b stamping for another 1 year

                        Please help

                        Regards

                        Comment

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