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H1B Transfer to new employer while another transfer application is in processing.

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Posted

Hello,

I worked for company A for about 4+ Years(close to 3 years on H1B), my I-94 is valid till Oct 2018. I recently joined company B and H1B transfer is in processing, received the receipt number. After joining company A, I learned that company is not doing well financially. Now I got a new job offer from company C.

Since the premium processing is not available, If I do a H1B transfer to company C:

     a) What are the chances of H1B transfer to company C getting approved, am I taking risk by transferring my H1B to company C ?

     b)) Does this fall under "Bridging" process ?

    c) Does this mean my H1B transfer to company C will be approved only after the H1B transfer to company B is approved ?

    d) What happens if my H1B transfer to company B is denied ?

Posted

@Avenger Yes, you have to inform company C that you are currently working for company B, because company B is your current employer.

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Posted

I got answers to my questions, in case any one is in similar situation, below are the answers:

a) What are the chances of H1B transfer to company C getting approved, am I taking risk by transferring my H1B to company C ?

- This is a normal case and legal.

b)) Does this fall under "Bridging" process ?

- Yes

c) Does this mean my H1B transfer to company C will be approved only after the H1B transfer to company B is approved ?

- I read online that Company C H1B application will be approved only after company B application is approved, but my lawyer said that is not true. (May be it depends on I-94 valid or expired, I am not sure).

d) What happens if my H1B transfer to company B is denied ?

- The worse case scenario is company C H-1B would be approved requesting "Consular Notification" - which means, candidate would have to go immediately off payroll, depart the US, and return presenting a valid visa stamp and company C H-1B approval notice.

  • Like 1
Posted
11 hours ago, satish1551 said:

I got answers to my questions, in case any one is in similar situation, below are the answers:

a) What are the chances of H1B transfer to company C getting approved, am I taking risk by transferring my H1B to company C ?

- This is a normal case and legal.

b)) Does this fall under "Bridging" process ?

- Yes

c) Does this mean my H1B transfer to company C will be approved only after the H1B transfer to company B is approved ?

- I read online that Company C H1B application will be approved only after company B application is approved, but my lawyer said that is not true. (May be it depends on I-94 valid or expired, I am not sure).

d) What happens if my H1B transfer to company B is denied ?

- The worse case scenario is company C H-1B would be approved requesting "Consular Notification" - which means, candidate would have to go immediately off payroll, depart the US, and return presenting a valid visa stamp and company C H-1B approval notice.

_-_

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