H1b visa transfer

[vlakkara]

i am employed by company A on H1b , GOT A NEW offer from Company B and filed for a transfer . which is pending.
Now i have a offer from Company C that i want to join .Do i have to wait for approval from Company B to transfer to Company C
now Company B H1b visa transfer is pending from last 6 months and there is RFC for it ,my employer has given me the RFC document
not the EAC receipt he is not giving me the EAC receipt , can i have my visa transfer to comp C .

[itzprams]

Yes, you can apply more than one H1B transfers with different employers at a time.

[txh1b]

Not worryfree though. If the bridging petition gets denied, it is an issue. If employer B cancels H1b, the person would have accumulated some out of status period. An attorney consultation to OP is best as there is more to this. Best approach is to get anroval from B or go with premium on C and then quit B. Search for bridging posts on the forum and read them.


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.

[vlakkara]

H1B Transfer

Thanks a lot tch1b, can i move to any company like C from company B
since B is not giving me the EAC receipt and have paystubs till dated and
out of job from last week nov 2009 , but still with comp B which is a consulting firm,
my visa status will expire on oct 2009.
so if h1b is rejected then i can go to comp A which still holds my h1b.
or before denial i should go to comp A ?

or before h1b get denial from comp B , i can file for comp C with out EAC receipt with latest paystubs and have RFC document.
comp B is not giving me the EAC receipt.
i have seen the "brdige"responses which are having good info.

[txh1b]

You can go back to A provided they have not revoked the H1b and begin working. B seems to be a Shady employer with shady practices. Complain to DOL if they are not paying on bench.

[vlakkara]

H1B transfer denial

HI Gurus

My h1b visa transfer got denied with employer B today , my h1b visa stamped
with employer with A is valid till 0ct 2009,i was with employer B
and working on EAC receipt from last six months under RFE.
so currenly i am out of status currently , should i go to employer A to be in status.
or can i transfer my h1b visa with EAC receipt of B and paystubs to any employer who can find a job for me and how many days i have to do this under premium processing,will there be there be any problem to do tranfer after denial.

Thansk
Vissu

[txh1b]

No other transfers allowed. The option has been provided. Don't come back and ask the question that was already answered.

[vlakkara]

H1B Approved

No other transfers allowed. The option has been provided. Don't come back and ask the question that was already answered.

HI

Txhb1, please shut your mouth , if you dont know please dont give advice
with your half knowledge, i applied to another employer C after i got denied with employer B
i am very happy now.
if any any body get h1b transfer denied they can apply with another new employer
if the deny was not your fault,in my case it was employer B fault.
so i applied with employer C got approved with premium proccessing from employer C.
yesterday i got approved .

[txh1b]

HI

Txhb1, please shut your mouth , if you dont know please dont give advice
with your half knowledge, i applied to another employer C after i got denied with employer B
i am very happy now.
if any any body get h1b transfer denied they can apply with another new employer
if the deny was not your fault,in my case it was employer B fault.
so i applied with employer C got approved with premium proccessing from employer C.
yesterday i got approved .

Well, you will see the results when USCIS realizes you were out of status in the gap. A fluke approval does not erase the fact that you were out of status period. Be a professional and stop your stupid third grade language.

shut up man? This is how third graders talk back in your home country. Geez, get some education.

Here is an example for the little ignorant brain of yours.

http://www.immihelp.com/forum/showthread.php?t=58609

Read the Yates memo. Don't misguide other people based on your approval which could get denied at a later time. My basis for answering questions is as per the law and not based on *****logical signs which might get a fluke approval and later USCIS could retroactively deny all petitions based on that approval. A popular law firm lists this on their web page.


"The Yates memo states that H1B portability would apply and the individual would be eligible to work for Employer C in this situation. Ultimately, in order to get a particular "bridged" H1B approved, it must qualify as an extension of stay. Therefore, each link in the bridge must be approved in order for a later-filed H1B extension to be approved. If the person's H1B status expires while the various H1B petitions are pending, any denial of one in the string of H1B extensions will break the bridge and the later case/s will not be approved as H1B extension/s of status."

https://www.immihelp.com/dec-27-2005...tability-memo/ Read page 8, last question.

Question 3. If successive H-1B portability petitions can be filed, what happens if an alien’s
nonimmigrant status expires while the H-1B portability petitions are pending and a
petition in the “bridge” is denied?Answer: As stated above, to be approved every H-1B portability petition must separately meet the
requirements for H-1B classification and for an extension of stay. In the event the alien’s
nonimmigrant status has expired while the petitions are pending, the denial of any filing in the string
of extension of stay and/or change of status filings undercuts the “bridge” that “carried” any petition
filed after the expiration of any approved status which will result in the denial of the successive
requests to extend or change status.

I post facts and will not post a reply based on what I dreamt the night before. I have posted all sections of the law applicable to your case. Be a man and apologize for your ignorant comments. I could care less about a stupid comment from you but am afraid if I do not post a rebuttal, other forum readers might assume that they will be in status based on your post which is totally wrong!

[abhayg4]

Hi vlakkara,

Its disheartening to see the comments like yours.
This forum is for people giving their opinions /suggestions ...and its upto u to take it/follow it or apply it because u r not a 10 year old kid...that what ever we say u'll do it.

---Abhay

[vlakkara]

I Apologize for my comment

I Apologize for my comment, i also got rude reply from you earlier
we are in a panic situation we may ask more question, instead of helping
your comments are hurting our feelings.
any way i got approved , i am happy and i acted on my own judgement.

[immihelp]

vlakkara,

You need to behave yourself on this forum.

Don't forget that people are voluntarily giving guidance and answers to you for free. If you like, take their advice. Otherwise, leave it. But don't get mad at others.

[orion]

vlakara took twooo loooooong months to get the courage to say 'shut up' to someone and that too in the forum

anyway, you dont need to show your foolishness here especially when you got the approval using **** and falsely generated paystubs

If discovered infuture, you can kiss your american dreams goodbye for ever... ah wait, no, you may not have to, you can probably live in an american jail! Well, thats america too!!! Howzzzaaatttt??? 'hurting ur feelings'