H1B transfer (after expiry) while extension pending

[AdvisePlease]

Hello All,

I'm on H1B with approved I-140 (approved over 4+ yrs ago). Since then have been with same employer A. My H1B has
expired and an extension was filed before expiration by my current employer A. I'm still awaiting petition
approval (normal processing). 

There have been some recent situations surfaced with employer A and it doesn't look good to continue with them
anymore. I now have an offer from employer B which I want to pursue. I know that safest way is to get extension
approved through employer A via premium processing and then apply for transfer with B. But, I do not want to
upgrade to premium with employer A due to recent issues in the company. I do not want to risk the results of the
application, given the current situation in the company A.

But here are my questions regarding if I directly go with H1B transfer to new employer B (I will be doing premium
processing with them) while extension is pending for employer A

1. I suppose, I can apply for transfer with employer B using bridging process since my petition has already
expired and the extension is awaiting results. 

1a. How risky is this? 

1b. How many years of visa can I expect with employer B? 

1c. Does bridging always comes without I-94 on it and do I have to travel outside/ home country and re-enter
before working for new employer B?

2. If I proceed with 1. above, then what happens in the following situations.

2a. If transfer to employer B is approved and I start working, later on my extension with employer A is denied or
revoked for any reason? would I then be out of status and cannot work with B as well? I mean does my approved
petition with employer B also gets denied/revoked?

3. Would I be able to use my current I-140 from employer A and port to employer B to retain my dates and continue
processing GC with them irrespective of my extension gets denied/revoked by employer A after transfer is approved
with B?

3a. If I do 3. above. Would there be any impact on my GC processing in future with employer B, if for any reason
employer A gets into trouble in future?

4. Do you suggest to start new GC process (really want to avoid this to the amount of time I will be losing 4+
yrs of wait) with employer B to be completely safe.  Even in this situation would there be any future issue with
my GC due to past association with employer A? 

Please advise quickly

Thanks
 

[pontevecchio]

Do you have an existing H1 visa stamp?

[AdvisePlease]

My stamped H1 visa has expired long ago. I haven't traveled out of country for a while and have been renewing/extending my H1 petition based on approved I-140 a few times through my employer A

[AdvisePlease]

Could the experts in the forum please respond to these queries. Appreciate your help

[sandeep444]

On 12/5/2016 at 0:31 PM, AdvisePlease said:

Hello All,

I'm on H1B with approved I-140 (approved over 4+ yrs ago). Since then have been with same employer A. My H1B has
expired and an extension was filed before expiration by my current employer A. I'm still awaiting petition
approval (normal processing). 

There have been some recent situations surfaced with employer A and it doesn't look good to continue with them
anymore. I now have an offer from employer B which I want to pursue. I know that safest way is to get extension
approved through employer A via premium processing and then apply for transfer with B. But, I do not want to
upgrade to premium with employer A due to recent issues in the company. I do not want to risk the results of the
application, given the current situation in the company A.

But here are my questions regarding if I directly go with H1B transfer to new employer B (I will be doing premium
processing with them) while extension is pending for employer A

1. I suppose, I can apply for transfer with employer B using bridging process since my petition has already
expired and the extension is awaiting results. 

1a. How risky is this? 

1b. How many years of visa can I expect with employer B? 

1c. Does bridging always comes without I-94 on it and do I have to travel outside/ home country and re-enter
before working for new employer B?

2. If I proceed with 1. above, then what happens in the following situations.

2a. If transfer to employer B is approved and I start working, later on my extension with employer A is denied or
revoked for any reason? would I then be out of status and cannot work with B as well? I mean does my approved
petition with employer B also gets denied/revoked?

3. Would I be able to use my current I-140 from employer A and port to employer B to retain my dates and continue
processing GC with them irrespective of my extension gets denied/revoked by employer A after transfer is approved
with B?

3a. If I do 3. above. Would there be any impact on my GC processing in future with employer B, if for any reason
employer A gets into trouble in future?

4. Do you suggest to start new GC process (really want to avoid this to the amount of time I will be losing 4+
yrs of wait) with employer B to be completely safe.  Even in this situation would there be any future issue with
my GC due to past association with employer A? 

Please advise quickly

Thanks
 

Hello, 

Could you find a solution for this or can you please explain me how did you solve the issue. I would really appreciate any inputs from you.