H1B - Change of new job

[virk]

Hi,

 

if I have been layed off by company A and they cancelled my H1B but before they file for my cancellation I applied to get it transferred to consultant B and now working with end client and my H1B is still in processing(I guess it will take 2 more months) for that consultant B.

 

My question is if I get full time job offer from company C can I file for H1B or I have to wait for my H1B to get approved first with consultant B ? 

 

Thanks.

[virk]

Hi,

 

if I have been layed off by company A and they cancelled my H1B but before they file for my cancellation I applied to get it transferred to consultant B and now working with end client and my H1B is still in processing(I guess it will take 2 more months) for that consultant B.

 

My question is if I get full time job offer from company C can I file for H1B or I have to wait for my H1B to get approved first with consultant B ? 

 

Thanks.

[jairichi]

Date of revocation of H1B petition by company A does not matter. If your H1B petition was filed by company B before your last day with company A you are fine. Company C can file a H1B petition anytime and it will be considered as bridge petition. If for some reason H1B petition with company B is denied then H1B petition with company C if approved will be without I94.

[sids911]

If for some reason H1B petition with company B is denied then H1B petition with company C if approved will be without I94.

I completely did not understand the last sentence. An approved petition without I94? What happens to a person's status then?

[jairichi]

Without I94 means H1B petition might be approved but to maintain valid status you will need to exit and enter to get I94.

I completely did not understand the last sentence. An approved petition without I94? What happens to a person's status then?