H1B Bridge application suggestions

[madhu418]

I got laid off on 08/12/13 and then I filed for h1b transfer with a consulting company on 9/12/13 (got a job offer on 8/28/13 but start date got delayed because of back grounnd check and paperwork). Started working on my new job 9/16/13. I opted for consulting company becuase fulltime job process takes about 45-60 days and i did not want to be out of status for longer period of time. now i am getting good offers for a fulltime job. my curent employer doesnt want to file H1B  premium processing because i mentioned to him that i will look for fulltime opportunites when i joined him (WORST mistake ever dont be HONEST with consulting firms). What will be the best option for me based on my current situation. I am writing options i think i have but would welcome your suggestions.

1) wait for the current h1b transfer approval and then look for a new job. it could take anywhere between 2-6 motnhs or more. i would love to get out of this situation as i feel like someone is controlling me and my life which is very stressful.

2) get a new job and then apply for h1b transfer based on current uscis reciept which might be case of a bridge application, if I do that and leave to work for new company i am afraid that my current employer will withdraw h1b transfer petition. if my current employer withdraws applicaion, because i am not working for him will i be considered out of staus? I have all documentation like client letter, vendor letter and uscis recipet, paycheck as a proof that i have been working, can i use it when I apply for h1b transfer with my new company?

3) I mentioned to my new employer that i will start working for him only after i get an approval when they apply for my h1b transfer. if they sart premium processing on my h1b transfer based on current usics reciept, then how long will the whole process take beacuse this new petiiton is dependent on my current peition and this becomes a brige case where the last petition is premium processing but the petition before it is regular processing.

4) if i ask my new employer to file for h1b transfer based on my old h1b petition (revoked on 9/19/13), i will have to provide paychecks that are not recent but 2-4 months old. will i get an RFE to show proof that i have been living in us legally (if so, providing uscis recipet, client letter,vendor letter and paychecks prove that i am here legally or i need some more documentation) or get an approval asking me to go for stamping to my home country.

5) assuming that i get an approval based on my old employer h1b, when i apply for green card, will i be considered out of status for the period i worked from my current employer.

[pontevecchio]

First let the shutdown be over. In the meantime have an employer file and wait for the processing. If necessary leave and come back with the visa. Why complicate anything?

[Attorney_22]

You have a complicated scenario and therefore it is advisable to speak directly with a qualified U.S. immigration attorney to discuss all the issues.  

[madhu418]

Hey pontevechhio and attorney_22,

 

thank you responding back. I dont mind if USCIS ask me go for stamping with the new job but my current job is with a consulting company so I am a little worried that might cause some problems.

 

Once the new employer starts my paper work, then I will ask their legal help/suggestions on how they want to procees in my current situation.

 

the reason i am really freaked out or nervous is because, he new job is at one of dream companies to work for and i dont want to lose it because of my current employer.

 

One thing i want to know for sure is can i ask my new immigration attroney to send additional information about my current employement which will help them make a decision of my new petition instead of waiting for my current petition approval/denial.

[srocky1]

Hi venki418,

 

I'm pretty much in the same situation. How did u proceed? I would be of great help if you can share your experiences after this. 

 

Thanks much! 

[madhu418]

currently, i am working for A (consultancy company) and B (future fulltime employer) has approved LCA (got approved 2.5 weeks after shut down). A upgraded my petition to PP 10 days ago and I am waiting for decision. I asked B to file my H1B petition in CP if i dont have approval notice by the time they are ready to file my petition. I will post updates on how B decides to go with my peition which they will be ready to file on next Monday.

 

My suggestion. if your new employer is a very reputable company and you are getting a good offer, then ask new employer to file for PP, once you get I797 forms, then have all documentation ready and leave the country for stamping and get it done. Ask you attorney what will be a best way to tell IO about your situation. You can actually file a complaint with DOL and then enter whistle blower program that will give you legal status for the period you were with consultant.

[jairichi]

currently, i am working for A (consultancy company) and B (future fulltime employer) has approved LCA (got approved 2.5 weeks after shut down). A upgraded my petition to PP 10 days ago and I am waiting for decision. I asked B to file my H1B petition in CP if i dont have approval notice by the time they are ready to file my petition. I will post updates on how B decides to go with my peition which they will be ready to file on next Monday.

 

My suggestion. if your new employer is a very reputable company and you are getting a good offer, then ask new employer to file for PP, once you get I797 forms, then have all documentation ready and leave the country for stamping and get it done. Ask you attorney what will be a best way to tell IO about your situation. You can actually file a complaint with DOL and then enter whistle blower program that will give you legal status for the period you were with consultant.

I have a question venki418. On what basis will you complain against consultant?

[madhu418]

From my understanding, when you join an employer you will be given an employer offer which you and your employer signs. if your employer did not pay you by the end of month or period specified on employement offer, then that inof should be good enough for you to complain to DOL. i have never done it my self so far.

 

It might be a good idea to read some whistle blower case files from DOL and then contact a labor attorney for consulation and file a compliant. During this consultation, your attorney will ask for proper document and will tell you if you have a solid case to file.

[peter9985]

Hi Venki418,

 

I am in the same position as of today(May 2014). I want how you came out this situation.

 

I got my first H1B through company A , started from Oct 2012(Expiry Sep 2015)

 

Started my H1B  transfer through company B in July 2013 through regular processing, still under review (NOT APPROVED)

 

Now, again transferring through company C  premium processing with receipt from company B and approval notice from company A (Company A ,H1B still ACTIVE).

 

Right now still working for company B.

 

I got RFE today for company C petition, no idea what document USCIS requested for.

 

I want to join C only after approval, but C wants me to work ASAP, they can't wait until approval , because of this RFE it may take 1-2 months at least.

So attorney C , concluded that , "if I join C now, B may with draw the case then C petition will be denied and if C ready to wait until approval, in that case attorney thinking that C petition will be on hold until B get a decision. if B denied , C also the same.

Right now situation look complicated. The better and safe solution is A's H1B is still active, suggesting C to behave like client and pay to A, I can go back to A , if they agree. After 2-3 months with A's I797A and 3 months pay stubs , initiate the transfer through C"

 

Right now have to talk with A !

 

I want to know how was your situation solved. that will really help come out of this, Thanks & appreciated