Advice needed urgent on H1 transfer


jayabalan

Recommended Posts

Hi ,

in aug 2019 , my h1b ext petition though company A was approved(along with i94 attached to it) for 3 years - until 2022 and this is ext beyond 6 years. in oct 2019 i resigned from company A after a change of emp petition was filed by company B and  joined/working for company B on h1b receipt notice and just received RFE for it. now i have gotten a better offer from Company C and they filed for h1b change of employer petition recently and want me to join on receipt notice. my Questions are

1. do i need to wait for  B's petition to be approved before i start working for C on receipt notice ? (my I94 from employer A's I797 is valid until 2022)

2. What happens if i resign from company B and join company C on receipt notice and the company B abandons the petition for which RFE was requested.

3. Does company C's petition receive RFE asking for approval from company B?

4. Does company C's decision depend on company B's approval?

Note - i checked with emp C's law firm and they informed that my case is not a bridge petition and i donot need to wait for B 's approval and C's approval is not dependent on B's approval.

i checked with out side attorney and they told me a different answer - Mine is a bridge petition and i need to wait until B's approval and C will only be approved after B is approved.

Link to comment
  • 2 weeks later...
  • 2 weeks later...
On 12/25/2019 at 1:19 PM, jayabalan said:

Hi ,

in aug 2019 , my h1b ext petition though company A was approved(along with i94 attached to it) for 3 years - until 2022 and this is ext beyond 6 years. in oct 2019 i resigned from company A after a change of emp petition was filed by company B and  joined/working for company B on h1b receipt notice and just received RFE for it. now i have gotten a better offer from Company C and they filed for h1b change of employer petition recently and want me to join on receipt notice. my Questions are

1. do i need to wait for  B's petition to be approved before i start working for C on receipt notice ? (my I94 from employer A's I797 is valid until 2022)

2. What happens if i resign from company B and join company C on receipt notice and the company B abandons the petition for which RFE was requested.

3. Does company C's petition receive RFE asking for approval from company B?

4. Does company C's decision depend on company B's approval?

Note - i checked with emp C's law firm and they informed that my case is not a bridge petition and i donot need to wait for B 's approval and C's approval is not dependent on B's approval.

i checked with out side attorney and they told me a different answer - Mine is a bridge petition and i need to wait until B's approval and C will only be approved after B is approved.

Since you have a I94, Emp C might be able to use that to file for a new H1 petition with out making it a bridge petition. (This is just my guess as to how they plan on filing).

If USCIS agrees that its not a Bridge petition, then C's approval will not depend on B's approval. 

Here is what I don't know... when you go for a Visa interview later and say that you worked for B for 4 months on a receipt notice without any approval notice, will it cause any issues?

 

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...