H1-B - multiple transfer

[vsphere]

 

Message:

Hello, I was working full time with an employer A and was laid off on May 21.I was looking for jobs and in the meantime I received an email from USCIS on June 4th that my H1 with employer A has been revoked. I then filed a H1 with a new employer B and it was received by USCIS only on June 7th. I had submitted for regular processing but now got an RFE on my case requesting for more details (including info about gap in status). my employer has responded to my RFE but they have done it as normal processing.

Currently I am working as a contractor for employer B for a client C. The client C has now offered me a Full time position with them and they are ready to file a H1 for me. They are however unaware of my visa situation. 

 

Questions:

1. Can I go ahead and let Client C apply a H1 transfer given my pending RFE with employer B? Would that gap in my status affect this processing.

 

2. Should I have my employer B apply as premium or just under normal processing?

Please advise.

 

[jairichi]

 

Message:

Hello, I was working full time with an employer A and was laid off on May 21.I was looking for jobs and in the meantime I received an email from USCIS on June 4th that my H1 with employer A has been revoked. I then filed a H1 with a new employer B and it was received by USCIS only on June 7th. I had submitted for regular processing but now got an RFE on my case requesting for more details (including info about gap in status). my employer has responded to my RFE but they have done it as normal processing.

Currently I am working as a contractor for employer B for a client C. The client C has now offered me a Full time position with them and they are ready to file a H1 for me. They are however unaware of my visa situation. 

 

Questions:

1. Can I go ahead and let Client C apply a H1 transfer given my pending RFE with employer B? Would that gap in my status affect this processing.

 

2. Should I have my employer B apply as premium or just under normal processing?

Please advise.

 

1. You can. But, C's petition will be considered as bridge petition as B's petition is still pending for a decision from USCIS.

2. If client C files as premium processing and you get approval as consular processing then you would need to exit and enter US with a valid H1B visa and new I797.

 

Check your contract with employer B whether you have signed any non-compete agreement.

[wiweq]

"I was working full time with an employer A and was laid off on May 21.I was looking for jobs and in the meantime I received an email from USCIS on June 4th that my H1 with employer A has been revoked. I then filed a H1 with a new employer B and it was received by USCIS only on June 7th."

 

You were out of status from May 22 to June 6th. USCIS would like to know the reason behind this.