H1 transfer with a pending H1 petition

[ash14]

I got my cap based H1 last year and began working for Employer A from Oct 1 2013. In Feb 2014 I resigned from Company A and began working for Employer B. Employer B has filed for the H1 in the normal process and right now it is in the RFE stage. Employer B is working on addressing the RFE. Now I have an offer from Employer C who is willing to do my H1 in the premium process. I want to know if I can join Employer C. Does Employer B's petition affect Employer C and if so how? I have not understood the bridging process completely. Does the RFE play any role in all this. How can I join Employer C? Can anyone explain the whole process. Any help would be appreciated. 

[jairichi]

I got my cap based H1 last year and began working for Employer A from Oct 1 2013. In Feb 2014 I resigned from Company A and began working for Employer B. Employer B has filed for the H1 in the normal process and right now it is in the RFE stage. Employer B is working on addressing the RFE. Now I have an offer from Employer C who is willing to do my H1 in the premium process. I want to know if I can join Employer C. Does Employer B's petition affect Employer C and if so how? I have not understood the bridging process completely. Does the RFE play any role in all this. How can I join Employer C? Can anyone explain the whole process. Any help would be appreciated. 

I do not think you can start working for employer C. Employer C can file a cap exempt H1B petition and it would be considered as bridge petition. Only on approval of C's petition you can join them.

[rahul412]

C can file your H1 transfer. No need of B's H1 approval.

 

You shouldn't have joined B before H1 approval.

[ash14]

jairichi I plan to join Employer C only after approval of C's petition. What I want to know is does C's approval depend on B's petition or it does not matter. If it depends on B, does B's have to get approved first and then only C will get approved? C will be applying in premium.

[jairichi]

jairichi I plan to join Employer C only after approval of C's petition. What I want to know is does C's approval depend on B's petition or it does not matter. If it depends on B, does B's have to get approved first and then only C will get approved? C will be applying in premium.

Yes, it does. If B's approval is denied then C's approval would be consular processing. If C's petition gets approved before B's then you need to exit and enter with a valid H1B visa and I797.

[ash14]

jairichi if C's petition gets approved as consular process, do I need to go to home country only for stamping or can I go to Canada for this purpose?

[jairichi]

jairichi if C's petition gets approved as consular process, do I need to go to home country only for stamping or can I go to Canada for this purpose?

If you are eligible to apply for a visa at US consulate in Canada you can go there. Otherwise to home country.