hello Anil,
My H1b is currently is pending with Nebraska service center files on 26th December and i94 is expired
Lets say if i chose to go to a new employer , i understand that if forms bridge application,
Lets consider the scenario of my extension is filed with Employer A and response is pending and transfer has been applied with Employer B.
If my transfer is approved for 1 year and and extension is approved only for 6 months. how would that impact my transfer application.
If both your H1B extension and Transfer are approved, then you have nothing to worry.
You can simply join the new H1B transfer employer.
So the period of approval is 1 year right not 6 months as it is a bridge application?
Period of approval is not decided by bridge or no-bridge application.
Hi Anil,
Currently, I am working for an Employer A on an H1B visa, and my I94 is valid until 08/31/2020. I got an offer last week from Employer B as per the plan, Employer B supposed to file an H1B petition with premium processing.
Still, premium processing is in suspension state, and Employer B policy allows an employee to start working after the H1B receipt is received. (estimated start date on the offer letter will be June 1st, as they would apply for premium processing in meanwhile if USCIS resume back).
In a worst-case scenario, if premium processing is not resumed again, I would need to join the Employer B on the received receipt notice, after giving employer A a formal three weeks’ notice.
In case if current Employer A will put a request to revoke my H1B on the next day of my formal notice received.
Should I be legally okay to stay in the country with the receipt number & offer letter (June 1st), or, I’ll have to request Employer B for an early start date offer to start work.
And I will NOT have to travel outside the US during the H1b transfer approval is pending with Employer B? Can you please confirm?
Hi @nik_982
You can join new employer with h1b transfer receipt but make sure the transfer is filed before i94 expires.
Your stay will be legal if your current employer file H1B extension before your i94 expiry.
You won’t need to travel outside US if your transfer is approved with extension of status.
even if your current employer withdraws your petition.
Hi Anil,
Thanks for your reply.
The second line in your reply should be a current employer or new employer, I am confused here.
Your current employer will have to file your extension before i94 expiry to make your stay legal in US after your i94 expiry.
You cannot stay in US if you have no pending application like an extension or a transfer after your i94 expiry.
Thanks, Anil for your swift response.
In my case, Employer B will first file the transfer petition before i94 expiry in regular processing(PP is suspended), and then I will give in advance three weeks notice to my current employer A as per the instructions, before i94 expiry and after three weeks will join Employer B on receipt notice before i94 expiry. let’s say my current employer A has laid off/ let me go from the current position on next day of my three-week notice period and he also requested USICS to revoke my valid H1B within these three week period, does it affect my stay in the USA as I have an idle period for three weeks without a job?
@Anil.Gupta :
Company A filed an extension on April 10th 2020 (i94 expiry Apr 30th).
Company B filed a bridge petition for H1 transfer July 20th. (Bridge since i94 expired)
Company A extension petition approved on July 25th.
Company B H1 transfer (bridge) has got RFE on Aug 3
Question : Can a new Company C apply regular H1 transfer now since my Company A extension has been approved and I have an valid i94 ? Or would this one as well fall under the bridge category since Company B’s bridge transfer is pending in RFE? Kindly clarify.
Hi @pubg
Information is incomplete.
Which Employer are you currently working for?
What is the RFE about?
@Anil.Gupta: Apologies for not being clear.
I am still working for company A. (Approved)
RFE is Speciality occupation for Company B.(Bridge)
In the meantime I have another offer from Company C. Would this be a bridge or normal transfer since I have a new valid i94 with company A or bridge since Company B transfer pending with RFE?
Let me know if you need additional clarity. Thanks for getting back.
Bridge only comes into picture if i94 has expired. You can file company C transfer with no risk of bridging.
Hello - Here is my case. Appreciate if anyone can help.
My H1-B and I-94 will expire on 1st August 2020 with my old employer. I switched jobs ( while still in 60 day grace period) and new employer is filing for my H1-B transfer in premium and currently LCA is in under process. In order to not accrue any unlawful status, what date on my I-129 transfer petition is relevant?
What is written on i797 receipt notice as ‘receipt date’ is counted as legal date.
Everything else is just speculation.
This receipt date should be on or before your i94 expiry date.
Hello,
My H1-B with employer A has expired on Mar-31st-2020 and the extension was filed before the expiry.
Now Employer B has filed H1B transfer after the i94 expiry and we got an RFE and USCIS clearly stated that not to respond to the RFE unless we got a response for the extension petition with Employer A.
Planning to upgrade Employer A’s petition to premium
My question here is, Can I join Employer B in receipt even after the Extension petition from Employer A got rejected?
You can join Employer B on H1B transfer receipt.
I lost my job with Employer A in Nov 2020. I was able to secure a new job with Employer B who applied for my H1 transfer within the 60 day grace period of my previous job termination date. This transfer is not yet approved and is now in RFE. Meanwhile I was also able to secure another job with Employer C , where I am interested to work and they want to file my H1 transfer. Is this possible even though the transfer filed by employer B has not yet been approved?