URGENT: Multiple H!B Transfers Legal??

[applebunches]

Hello

I had a question around filing more than one H1B Transfer petitions. The situation as it stands is,

(a) Currently working with Employer A

(b) Filed a H1B transfer petition through Employer B-- Note: The transfer petition is in flight

© Received an offer (that I want to join) from Employer C that will file a H1B Transfer petition.

The evident question is, can there be two concurrent transfer petitions (B-- in flight & C-- the one they will file) filed with the USCIS.

Do I need to wait for the one from B to be approved first and then file another transfer for employer C?

Assuming that the petition through C gets approved earlier (premium processing), are there any implications that might be enforced due to the petition through B that is in flight or possibly rejected?

I have been speaking to attorneys, but have had mixed responses. I look forward to your advise.

Thanks a lot!

[Attorney_22]

Please see the following Murthy.com articles addressing your questions: http://www.murthy.co...s/n_yath1b.html, and http://www.murthy.co...s/n_h1bcan.html.

The applicable section of the first article is listed below:

The Yates May 2005 Memo addresses situations involving serial H1B filings and the ability to use H1B portability in these instances. Essentially, these are situations where the individual is in H1B status and desires to work with another employer. The second employer, Employer B, files a new H1B petition for the individual while that person's current H1B with Employer A is valid. In this instance, under AC21, the individual is permitted to work for Employer B following the filing of the new H1B petition. Bridging comes into play if the person finds a better employment offer, through Employer C while the case with Employer B is still pending and after the I-94 with Employer A has expired.

The Memo states that H1B portability would apply and the individual would be eligible to work for Employer C in this situation. Ultimately, in order to get a particular "bridged" H1B approved, it must qualify as an extension of stay. Therefore, each link in the bridge must be approved in order for a later-filed H1B extension to be approved. If the person's H1B status expires while the various H1B petitions are pending, any denial of one in the string of H1B extensions will break the bridge and the later case/s will not be approved as H1B extension/s of status.

[jai5]

@ attorney_22. . So is the above statement is valid for expired I94 Correct?

If I have a valid I94 can i do any number of transfer?

If iam correct there is nothing like H1B transfer.Every petition is a new one except that it is cap exempted.

Please clarify