H1 Transfer after filing for H1 extension and question on briding

[kingcat]

Hi All...

I need some help in regards to my H1 transfer. I do have a similar problem like many other. Infact I got the answers after surfing a lot but want to double check whether my conclusions are right or wrong.

I am working for Company A since May 3 2008. During October 2009, I got a new offer from Company B and they processed for my H1 transfer under premium but got denied because of the employers fault. The employer was unable to submit SOW and hence got denied. Later in January 2010 Company B re-applied for the H1 transfer (all from start) one more time under normal processing. This time it got approved some where around May 2010.

All this time, I am working with Company A. I told very clearly to Company B that I will work with them only if my H1 is approved. So in May 2010 Company B came back to me and said they cannot offer me a job since they have some issues and they also told me that USCIS gave them a consulate approval and not a H1 transfer. When I asked them what exactly it means, they said I have to get it stamped to start working with them. So I denied that and continued work with Company A.

So right from May 3 2008 (The day I came to US) I am working with Company A. Even though my H1 is once transfered with Company B, I never worked with them. All the payslips that I have so far is from Company A and all the W2 mention Company A name in it.

Now I got another new offer with Company C. They are very keen to process my H1 transfer. So my question is does the "bridging port" concept applies to me as per AC 21 Memo? I think it should be no as I never accepted employment with Company B but I want to get the decision of great people of this forum.

So Company B never gave me any documents of the approved H1B. So if I want to transfer to Company C, do I need to provide the transfer H1 copy of Company B or just the H1 copy of Company A is enough?


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My next question is as follows. My H1B (Company A), VISA and I 94 expires by Sept 28 2010. So Company A by default applied for my extension under normal category last week. I read in some faq's that we cannot apply for transfer when the H1 that we want to transfer is under extension. But I read in some other forums that I can do that. And if my understanding is right, as per AC 21 memo, we can do that. Before I conclude that I Want to get the views of the members whether my take on it is right or wrong.

I kindly request all of the members of the IMMIHELP forum to assist me with the above asked questions.

[shervin143]

You can forget about Company B as you never worked for them. You can file a transfer with Company C by providing a copy of the approval notice of Company A and the latest pay slips from Company A.

Transfer can be filed at the same time when your extension is filed by the current employer provided you are not illegal or out of status on H1B.

[kingcat]

Hi shervin143:

Thanks a lot for your prompt reply. I can see you point when you say "Forget about Company B". Yeah even I was under that impression till my lawyer says that he need ALL approved H1 notices to process my transfer.

I am now in a confused state as Company B never provided me any approved documents so far. When I asked them they are reluctant to do it as they are not offering me the employment.

Can you please advise me what I can do in this regard.

[shervin143]

H1B petition is an employer's petition. If they are not willing to give it to you, then there is nothing much you could do. I don't think this would impact much. Just give the lawyer whatever approval notice that you have. The current approval notice is what is more important (Although USCIS wants copies of all the approval notices issued for a candidate).

[kingcat]

Hi Shervin143:

Thank you a lot for your advise. I told the same to my lawyer and my lawyer said he is going to evaluate and let me know soon. However I have another question. In my current H1B (I 797B) my date of birth is printed wrong. It should be 08/29/1984 but rather it is printed as 12/23/1973. I don't know how my employer has got in wrong DOB. I was told by my employer that it is a typo mistake done by the company and it should not be a problem. As a matter of fact no one question me so far on that (neither the consulate while the Visa stamping nor the immigration office at port of entry). My questions are as follows.

Will this be of any problem for my H1 transfer because of the wrong DOB in my current I-797B?
If so is there something that I can do to overcome the problem like filing some amendments with USCIS or something like that?

Anticipating your help in this regard.

[kingcat]

Hi shervin143:

Thank you very much for your assistance. My lawyer said she can go ahead with the documents that I have and infact she said the DOB typo is not really a big deal.