H1 transfer in progress with RFE but offer from another company

[nitishamraji]

Hi,

 

I have recently resigned from my previous company and filed a premium processing with Company A. Currently I am working with company A and I got a RFE. Now I got a offer from Company B which I am interested to work for. My question is:

 

- Can the company B file a transfer with the new receipt number filed by Company A?

 

If yes, Will be there any chances for getting denial from both the companies?

 

please help.

[rahul412]

Hi,

 

I have recently resigned from my previous company and filed a premium processing with Company A. Currently I am working with company A and I got a RFE. Now I got a offer from Company B which I am interested to work for. My question is:

 

- Can the company B file a transfer with the new receipt number filed by Company A?

 

If yes, Will be there any chances for getting denial from both the companies?

 

please help.

Your current H1 is under process and have already resigned from your previous job. I guess you have to wait till a decision has been made and file for new transfer. I am not 100% sure  here.

[bedardi_visa]

Yes.  You can file to company B based on receipt proof or number.

Approval or denial of both cases are independent if your I-94 is not expired yet and you have valid visa.

In case of expired I-94, only then it is important that your company A transfer be approved and transfer B be approved in order for you to be eligible to work for company B.  This is called "Bridging".

 

Best of luck!

[bedardi_visa]

Hi,

 

I have recently resigned from my previous company and filed a premium processing with Company A. Currently I am working with company A and I got a RFE. Now I got a offer from Company B which I am interested to work for. My question is:

 

- Can the company B file a transfer with the new receipt number filed by Company A?

 

If yes, Will be there any chances for getting denial from both the companies?

 

please help.

Hi nitisharamji,

 

Any developments from your side?

 

One correction I need to make from my previous post.

Suppose you were working for Company A and transferred to Company B and received an RFE.  You can transfer to company C but given that your lawyer applies for transfer from company A to Company C.  If your lawyer applies for transfer from company B to company C, then, until the RFE to company B is cleared, your transfer to Company C won't be approved immaterial of I-94 expiration.  In case transfer to Company B RFE is cleared and approved then the decision for approval of company C will be taken.  If transfer to company B gets denied even then if your I-94 is valid, the transfer to Company C can be approved but without the new I-94, in which case you will have to re-enter US.  If your I-94 is expired then denial of transfer to company B will automatically deny the transfer to company C, which is bridging.

If your lawyer applies for transfer from company A to directly company C, then your case will be decided immaterial of transfer to company B.  But in that case your paystubs will be missing and you may get H1 approved without I-94.

 

Hope this helps.

 

Thanks,

 

Bedardi_visa.

 

In case your lawyer applies for transfer from Company A to Comp