H1B transfer to another employer without approval from current

[sharma_im]

Hello,

I am on an H1B visa with a I-94 valid until August 2016.
I moved out from Company A to Company B on December 1 after getting the receipt number from the petition filed by company B. Now, there is another company (Company C) that I was really interested that is planning to file for my H1b and I want to join them because it's local to where I live.
Considering that its already 16 days since I have joined Company B, and my H1B is under regular processing (not approved yet), can I do another transfer to Company C with the help of paystubs from Company B? Or should I wait until I get the approval (H1b approval) for Company B first before moving on.

The reason I ask is that Company C might not wait that long.

Please help.

[Paskhan]

Hello,

I am on an H1B visa with a I-94 valid until August 2016.
I moved out from Company A to Company B on December 1 after getting the receipt number from the petition filed by company B. Now, there is another company (Company C) that I was really interested that is planning to file for my H1b and I want to join them because it's local to where I live.
Considering that its already 16 days since I have joined Company B, and my H1B is under regular processing (not approved yet), can I do another transfer to Company C with the help of paystubs from Company B? Or should I wait until I get the approval (H1b approval) for Company B first before moving on.

The reason I ask is that Company C might not wait that long.

Please help.

You should wait until you get final decision for company B.

[sharma_im]

You should wait until you get final decision for company B.

Thanks Paskhan for the reply!

Well, I originally thought it's wise to wait until I get the approval from Company B, but it seems in the current project that I am on since December 1, it's on an EVVC model which might bring up issues for the visa approval.
Where as Company C actually has direct clients themselves and has a better career path.

I talked with Company C and they said that I do not need to have any H1b documentation from Company B, I just the paystubs to prove that I was in valid status after moving out of Company A.

Do you still think there might be issues with this sort of strategy?

[sharma_im]

Following up!

Hello Everyone going through this post, could you please help me with the query?
Thanks a ton!

[sharma_im]

Appreciate any help. Thank you so much in advance.

[raghvi]

Well technically C can file their own cap exempt petition for you but it will be treated as a bridge petition, which in turn means that unless B's petition is approved, C's decision would either be held up or would get approved as consular process(without an I-94). Read around for bride petition details.

This is my opinion not legal advice.

[sharma_im]

Well technically C can file their own cap exempt petition for you but it will be treated as a bridge petition, which in turn means that unless B's petition is approved, C's decision would either be held up or would get approved as consular process(without an I-94). Read around for bride petition details.

This is my opinion not legal advice.

Thank you Raghvi for your advice. I am not sure if C gave me correct advice then - they said that they don't need any documentation from B except for the payslips and this will NOT be considered as bridge petition. . They just need the payslips so that they can prove that I was in legal status when I was transitioning (during my time at B) from A to C.

I should probably talk to a lawyer soon then.

[sharma_im]

Thank you Raghvi for your advice. I am not sure if C gave me correct advice then - they said that they don't need any documentation from B except for the payslips and this will NOT be considered as bridge petition. . They just need the payslips so that they can prove that I was in legal status when I was transitioning (during my time at B) from A to C.

I should probably talk to a lawyer soon then.

Just one more thing - My I94 is valid until April of 2016. If I have a valid I-94, will it still go under Bridge Petition?

[raghvi]

Thank you Raghvi for your advice. I am not sure if C gave me correct advice then - they said that they don't need any documentation from B except for the payslips and this will NOT be considered as bridge petition. . They just need the payslips so that they can prove that I was in legal status when I was transitioning (during my time at B) from A to C.

I should probably talk to a lawyer soon then.

Merely having payslips from an employer does not prove valid status. Having payslips for an employer who had an approved petition, along with I-94, for that duration proves ones valid status.

This is my opinion not legal advice.

[sharma_im]

Merely having payslips from an employer does not prove valid status. Having payslips for an employer who had an approved petition, along with I-94, for that duration proves ones valid status.

This is my opinion not legal advice.

I guess you are right. Will having a valid I94 (valid until April 2016) be of any help in this scenario, especially avoiding bridge petitions. Because currently I am on an EVVVC model which has slim chances of getting approved. C on the other hand would be an EC model, but I want to join only if B's pending petition has no impact. Again - valid I-94.

My apologies for the dumb questions if any. And many thanks Raghvi!

[raghvi]

I guess you are right. Will having a valid I94 (valid until April 2016) be of any help in this scenario, especially avoiding bridge petitions. Because currently I am on an EVVVC model which has slim chances of getting approved. C on the other hand would be an EC model, but I want to join only if B's pending petition has no impact. Again - valid I-94.

My apologies for the dumb questions if any. And many thanks Raghvi!

I would stongly suggest having C apply their petition in premium as consular process. Leave US, and re enter with C's petition, and if possible, C's visa as current visa seems to be expiring in next 4 Months.

This is my opinion not legal advice.

[sharma_im]

I would stongly suggest having C apply their petition in premium as consular process. Leave US, and re enter with C's petition, and if possible, C's visa as current visa seems to be expiring in next 4 Months.

This is my opinion not legal advice.

Thanks Raghvi for your opinion. Will definitely keep this point during discussions with C. Thanks again.