H1B transfer under pending H1b extension

[varun_sethi]

Hello,

I work in California for a large public company with 5000+ employees (say A). My first 3 years of h1b expire on Sept 15, 2012. I have been with this company for 3+ years. Now I want to change my job to a small but genuine company with 300+ employees (say to B). My current company lawyers had told me in April 2012 that they are going to file for my h1b extension, though I am not sure if they are have already sent the application to USCIS or are still to do so. My current company has filed the extension in regular processing. Most probably I can convince my new employer to file my H1b transfer in premium processing.

I did some googling on this and found the following. I wanted to confirm from fellow members if my understanding is correct.
So basically there are 2 cases:
1) case 1: when I file my h1b transfer to B before Sept 15, 2012 (when my current h1b expires). In this case, as inferred from the h1b1 link below, I will technically have 2 h1b extension applications pending from A and B. Regardless of which one gets approved first (most probably B since that’s going to be premium processing vs regular processing with A), or even if both get approved at the same time, I can choose to work for A or B without any problems.

2) case 2: when I file my h1b transfer to B after sept 15, 2012. This case is called “bridging”. This case is more riskier since if my original h1b extension application with A is denied, then my h1b extension application with B may also implicitly get denied since application for B assumes that I already have a valid h1b.


I am right now in case A. So essentially the best option for me will be to get employer B to do a premium processing and get everything done before sept 15, 2012.

I would appreciate any comments. If you think I am right or wrong or any other interpretation.

Thanks much!

[shervin143]

1) case 1: when I file my h1b transfer to B before Sept 15, 2012 (when my current h1b expires). In this case, as inferred from the h1b1 link below, I will technically have 2 h1b extension applications pending from A and B. Regardless of which one gets approved first (most probably B since that’s going to be premium processing vs regular processing with A), or even if both get approved at the same time, I can choose to work for A or B without any problems.
>>> If both the petitions gets approved at the same time, then you get to choose to continue with the current employer or work for the new one. Once you start working for the new employer, you cannot go back to the current employer unless an H1B transfer is filed or you leave the country and return back on Company A's petition. If one of the employer's petition gets denied, you cannot work for that employer.

2) case 2: when I file my h1b transfer to B after sept 15, 2012. This case is called “bridging”. This case is more riskier since if my original h1b extension application with A is denied, then my h1b extension application with B may also implicitly get denied since application for B assumes that I already have a valid h1b.
>>> That is correct.

I am right now in case A. So essentially the best option for me will be to get employer B to do a premium processing and get everything done before sept 15, 2012.
>>> That would be the best option.

[varun_sethi]

Hi Shervin143,

Thanks much for your reply.
One clarification: Suppose new employers (B's) application gets approved and i join that company and later my current employers (A's) application also gets approved (since A was applied in normal processing and B was applied in premium processing). In such a case, will it cause any problems? I read in below forum link that the latest approval will apply?? Do you think this is true?
If this happens then I will be left with nothing since I will have already left A's job and cannot legally work for B...



Thanks for your advice!! much appreciated!

[varun_sethi]

I guess i am trying to find out if its safer for me to wait for my current employers h1b extension to get approved before switching jobs...or it doesnt make a difference..?

[shervin143]

It is not an issue.

[shervin143]

It doesn't matter.

I guess i am trying to find out if its safer for me to wait for my current employers h1b extension to get approved before switching jobs...or it doesnt make a difference..?

[varun_sethi]

thanks much shervin143! Appreciate your help!

[pmon]

So if I understand correctly,

In case my H1 transfer is approved before my i94 expires, a H1 transfer from employer B would intrinsically "extend my H1B" too for the next three years, and even if I leave employer A due to which the employer A cancels my H1 extension , I am still safe to work with employer B. Right?

[raghvi]

Yes, as long as transfer is approved and you get a new I-94 along with the approval notice.

This is my opinion not legal advice.

[H1B for K]

H1B change of employer

Is this thread still alive?

[Suresh Babu]

H1B transfer to New employer, when H1B extension is in pending stage.

I am working in Company A and my h1b is valid till SEP 30th 2015. My current employer already filed the Extension but not yet received the approval notice. I just have the receipt number(status is "Case was received") which they filed for extension. Now, I got a offer from Company B and they can file my petetion in premium process.
But, my question here is, If Company B file my h1 process after SEP 30th 2015. Is it valid ? Because, I dont have approval notice of h1b extension.(I just have applied case number)
If company B file my H1 transfer after SEP 30th. Is it safe for me ? or Is there any risks in this case. ?

Thanks much in advance for your reply.

[shervin143]

Search and read about bridging petitions. If Company B files your petition after Sept 30th before your extension gets approved, then you fall under bridging category. In which case, company B's petition will not get approved until Company A's extension gets approved.

I am working in Company A and my h1b is valid till SEP 30th 2015. My current employer already filed the Extension but not yet received the approval notice. I just have the receipt number(status is "Case was received") which they filed for extension. Now, I got a offer from Company B and they can file my petetion in premium process.
But, my question here is, If Company B file my h1 process after SEP 30th 2015. Is it valid ? Because, I dont have approval notice of h1b extension.(I just have applied case number)
If company B file my H1 transfer after SEP 30th. Is it safe for me ? or Is there any risks in this case. ?

Thanks much in advance for your reply.