H1B Transfer

[jayakrishna]

Can a person who was holding a H1B visa of Company A which was valid till October applied for a transfer to Company B in mid of September and received the Receipt notice and started working for Company B from October. After working with Company B for two months if he gets an offer from Company C and want to join them can Company C file his H1B trasfer while the petition submitted by the Company B is still pending. Please advice.

[JStone]

https://www.immihelp.com/h1-visa-transfer-faq/ - check the last but one question.

[jayakrishna]

It is mentioned that with I797 of company A but it's validity is over in October.Is it still good ?

[txh1b]

Read the FAQs completely. Remainder option.

[jayakrishna]

Further Query

Hi txh1b !

Now we received a rfe on the Company B's petition. What would happen if Company B's petition got denied and Company C's petition got aproved ?

[txh1b]

What is the RFE about?

Read "bridging" posts on the forum. Did the I-94 expire when C's case was filed? If so, i will be a problem.

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 than consider the rest history.

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

[jayakrishna]

Hi txh1b !

Yes, I-94 has expired in October and the RFE is about obtaining a letter from the Client. What would happen if B withdraws it's petition after C's petition has been aproved ?

[txh1b]

C will not get approved if it was applied after the I-94 expired. Read the text in my previous post as to what happens if the bridging petition gets denied.