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Can I file H1b transfer with a new Employer while current H1b transfer is pending?

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  • Can I file H1b transfer with a new Employer while current H1b transfer is pending?

    Hi, I have a question. Can I file H1b transfer with a new Employer while current H1b transfer with my current employer is pending?

    My situation is like this. Company A filed my first H1b for me and got approved. After that, I got a job offer from Company B and joined Company B upon receiving H1b transfer receipt. At this moment the H1b transfer with Company B is still pending. Now I got an offer from Company C, which is very good and I would like to join Company C. My question is: is Company C allowed to file an H1b transfer for me on basis that my H1b transfer with Company B is pending?

    I've heard of a term bridge petition. Since company B filed the H1b transfer via regular process, can company C file an H1b transfer with premium processing? If the H1b transfer via company C is approved and H1b transfer with company B is still pending, can I join company C directly? What if company B withdraw their H1b transfer at that moment?

    Thank you!

  • #2
    Originally posted by butlerain View Post
    Hi, I have a question. Can I file H1b transfer with a new Employer while current H1b transfer with my current employer is pending?

    My situation is like this. Company A filed my first H1b for me and got approved. After that, I got a job offer from Company B and joined Company B upon receiving H1b transfer receipt. At this moment the H1b transfer with Company B is still pending. Now I got an offer from Company C, which is very good and I would like to join Company C. My question is: is Company C allowed to file an H1b transfer for me on basis that my H1b transfer with Company B is pending?

    I've heard of a term bridge petition. Since company B filed the H1b transfer via regular process, can company C file an H1b transfer with premium processing? If the H1b transfer via company C is approved and H1b transfer with company B is still pending, can I join company C directly? What if company B withdraw their H1b transfer at that moment?

    Thank you!

    I am also in same scenario, guys please help !!!

    can the company C file h1 transfer , while h1 transfer petition with company B is still under process.

    Comment


    • #3
      Originally posted by butlerain View Post
      Hi, I have a question. Can I file H1b transfer with a new Employer while current H1b transfer with my current employer is pending?

      My situation is like this. Company A filed my first H1b for me and got approved. After that, I got a job offer from Company B and joined Company B upon receiving H1b transfer receipt. At this moment the H1b transfer with Company B is still pending. Now I got an offer from Company C, which is very good and I would like to join Company C. My question is: is Company C allowed to file an H1b transfer for me on basis that my H1b transfer with Company B is pending?

      I've heard of a term bridge petition. Since company B filed the H1b transfer via regular process, can company C file an H1b transfer with premium processing? If the H1b transfer via company C is approved and H1b transfer with company B is still pending, can I join company C directly? What if company B withdraw their H1b transfer at that moment?

      Thank you!
      One should always avoid joining merely on the basis of receipt number. Now if B's petition is rejected you would have no choice but to leave US and try to re enter with an approved petition.

      In this case B's petition would be the Bridge petition, but you got to also understand that as you are currently working with B, unless B'1 petition gets approved first, C's petition, even if approved, would not be considered active So yes, C can file a petition but f B's petition is rejected the bridge will get broken and you would go out of status. I would suggest you ask B to upgrade to premium and get decision fast on it before deciding to move to C.

      This is my opinion not legal advice.

      Comment

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