H1 Transfer and bridge petition

[babup1413]

Hi Members,

 

Below is my situation.

 

I was working for a company A till 6th of December 2013. I got an offer from company B and started working 9th December 2013. Company B filed H1 petition on 2nd of December and got notice from 3rd of December, so started working from 9th December 2013 for company B. Now company A sent letter to USCIS cancelling my H1 from 7th, and i got auto generated mail from USCIS for the same. Now i am working on petion of notice filed by B and B has filed petion in normal process, not premium. Company A has run paystubs till 6th of Dec and company B will run paystubs from 7th. I have also previous paystubs properly as per LCA. Now i got an better offer from Company C and they said they will file H1 petition in premium. My visa expires in sep 2015 and i have I-94 valid till sep 2015.

 

I want to know

 

1. The petition filing by C is a bridge petition? If so, what is exactly meaning by bridge petion.

2. How will it affects the petition filed by company B.

3. If in case petition filed by C denied, can i continue to work for B or do i need to leave USA because i will not have status?

 

Thanks!

Babu

[jairichi]

 

Hi Members,

 

Below is my situation.

 

I was working for a company A till 6th of December 2013. I got an offer from company B and started working 9th December 2013. Company B filed H1 petition on 2nd of December and got notice from 3rd of December, so started working from 9th December 2013 for company B. Now company A sent letter to USCIS cancelling my H1 from 7th, and i got auto generated mail from USCIS for the same. Now i am working on petion of notice filed by B and B has filed petion in normal process, not premium. Company A has run paystubs till 6th of Dec and company B will run paystubs from 7th. I have also previous paystubs properly as per LCA. Now i got an better offer from Company C and they said they will file H1 petition in premium. My visa expires in sep 2015 and i have I-94 valid till sep 2015.

 

I want to know

 

1. The petition filing by C is a bridge petition? If so, what is exactly meaning by bridge petion.

2. How will it affects the petition filed by company B.

3. If in case petition filed by C denied, can i continue to work for B or do i need to leave USA because i will not have status?

 

Thanks!

Babu

 

1. Yes. It means C's petition outcome will depend on B's petition decision.

2. No effect.

3. You can work for B till a decision is made on B's H1B petition.

[pontevecchio]

1. Your status is based on the existing pending H1 petition by B which was timely filed. This is the bridge which lets C file. Hence the 'transfer" petition by C can only be decided after the existing petition by B gets approved. On the other hand C can get a H1 petition approved and you can leave and return with the H1 visa on approval irrespective of the petition filed by B..

 

2. See 1.

3. Yes.

[babup1413]

1. Yes. It means C's petition outcome will depend on B's petition decision.

2. No effect.

3. You can work for B till a decision is made on B's H1B petition.

 

Hi Jairinchi, Thanks for the response!

 

I did not get "C's petition outcome will depend on B's petition decision". 

If C filed petition in premium whose result generally comes in 15 business days i guess, but B filed petition in normal process which takes may be more than 3 months. Is USCIS waits to process petition files by C, and C need to wait till a decision made on B's petition?

 

You can work for B till a decision is made on B's H1B petition.

For above point, if in case petition filed by C denied, i can still work with petition case number filed by B in normal process. Is my understanding is correct?

[babup1413]

1. Your status is based on the existing pending H1 petition by B which was timely filed. This is the bridge which lets C file. Hence the 'transfer" petition by C can only be decided after the existing petition by B gets approved. On the other hand C can get a H1 petition approved and you can leave and return with the H1 visa on approval irrespective of the petition filed by B..

 

2. See 1.

 

3. Yes.

 

Hi pontevecchio,

 

This is the bridge which lets C file. Hence the 'transfer" petition by C can only be decided after the existing petition by B gets approved. On the other hand C can get a H1 petition approved and you can leave and return with the H1 visa on approval irrespective of the petition filed by B

 

You have mentioned that petition by C can only be decided after the existing petition by B gets approved/denied, but again you have mentioned that C can get a H1 petition approved and you can leave and return with the H1 visa on approval irrespective of the petition filed by B. I did not get what you say. Can you please again?

[jairichi]

 

Hi Jairinchi, Thanks for the response!

 

I did not get "C's petition outcome will depend on B's petition decision". 

If C filed petition in premium whose result generally comes in 15 business days i guess, but B filed petition in normal process which takes may be more than 3 months. Is USCIS waits to process petition files by C, and C need to wait till a decision made on B's petition?

 

You can work for B till a decision is made on B's H1B petition.

For above point, if in case petition filed by C denied, i can still work with petition case number filed by B in normal process. Is my understanding is correct?

 

1. Based on premium processing C's petition decision will be decided first. In that case, as Pontevecchio mentioned you could exit and enter with a valid H1B visa and C's I797 to start working for C. If you do so the decision on B's petition becomes irrelevant.

2. Yes, that is correct.

[babup1413]

Hi pontevecchio,

 

This is the bridge which lets C file. Hence the 'transfer" petition by C can only be decided after the existing petition by B gets approved. On the other hand C can get a H1 petition approved and you can leave and return with the H1 visa on approval irrespective of the petition filed by B

 

You have mentioned that petition by C can only be decided after the existing petition by B gets approved/denied, but again you have mentioned that C can get a H1 petition approved and you can leave and return with the H1 visa on approval irrespective of the petition filed by B. I did not get what you say. Can you please explain?

[pontevecchio]

I was referring to a "transfer" where you do not have to leave and return with the visa. C can file and get a H1 petition approved for CP anytime irrespective of the bridge. The so called bridge is only for transfers.

[babup1413]

I was referring to a "transfer" where you do not have to leave and return with the visa. C can file and get a H1 petition approved for CP anytime irrespective of the bridge. The so called bridge is only for transfers.

Hi Thanks for the reply.

 

If C files petition in premium and it is approved, but petition filed by B is neither approved nor denied. If i go out of US, do i need to go for visa stamping and return with new visa though my visa valid till Sep 2015?

[jairichi]

Hi Thanks for the reply.

 

If C files petition in premium and it is approved, but petition filed by B is neither approved nor denied. If i go out of US, do i need to go for visa stamping and return with new visa though my visa valid till Sep 2015?

You can return with current valid visa.

[peter9985]

Hi Babu,

 

I am in the same situation , i am doing premium processing with C, I'm confident that i will get H1B transfer decision for C before B. Its mandatory that i go out of the country to get stamped for H1B and return back to work for company C? I can't just change my employer from B to C , with in the US ?

can you help me in this ASAP. Thanks !!!