Announcement

**shervin143** · 12-12-2009, 07:47 PM

See below.

Originally posted by bhaskomy View Post

Hi,
Current Situation:
-------------------
I am currently on H1 with company A and got laid off on 13 th Nov. Company B decided to transfer H1 (A to B) and filed H1 transfer application on 10 th Dec. on Premium Processing. I have the Receipt # and but approval is yet to be received.

During this time, I got a better offer from company C and they are expected to file for H1 transfer from A to C on Premium Processing on 16th Dec.

I am expecting H1 approval for Company B's application at least a week ahead of Company C's application. I really want to work with Company C.

Question:
---------
1)I am not on any payroll since Nov 16th. I have not yet submitted I-9 form for Company B. Can I wait to join Company C when the H1 receipt # is available? Or Do I need to again transfer H1 from Company B to Company C?
>>>> No need to transfer from Company B to Company C. You can join Company C if the petition is approved. However, the chances of approval is slim when you are out of status.

2) Since the receipt # for Company B is available, am I considered to be in legal status?
>>>>> You can legally work when the H1B transfer is filed. What are you waiting for? No pay stubs means out of status.

Please advice

Thanks for all the help.

**bhaskomy** · 12-13-2009, 12:58 PM

Thanks for the reply. If I join Company B NOW by submitting I-9, do I need a H1 transfer from B to C when I want to join Company C after 1-2 weeks by which time I will not have paystub from Company B since Company B has a payroll policy of monthly payroll.

Can I join Company C without H1 transfer from B to C when the H1 receipt is available for the H1 transfer from A to C that is already in process?

Regards,
Bhaskar

**shervin143** · 12-13-2009, 01:09 PM

No need for H1B transfer from B to C. You can join C now (with the receipt). But it is advisable to join after receiving the approval notice (Since you were OOS for a month)

Originally posted by bhaskomy View Post

Thanks for the reply. If I join Company B NOW by submitting I-9, do I need a H1 transfer from B to C when I want to join Company C after 1-2 weeks by which time I will not have paystub from Company B since Company B has a payroll policy of monthly payroll.

Can I join Company C without H1 transfer from B to C when the H1 receipt is available for the H1 transfer from A to C that is already in process?

Regards,
Bhaskar

**bhaskomy** · 12-23-2009, 03:15 AM

H1 transfer based on Receipt Number and NOT on previously approved petition

Hi!
In the original case mentioned below, Company C delayed filing of H1 transfer from Company A to Company C. Now the attorney feels it is risky to apply for H1 transfer from A to C since Company A might have revoked the H1. So, they want to apply for transfer from Company B to Company C based on the receipt number of Company B's H1 transfer application.

H1 transfer from Company A to Company B is still in process and I only have receipt number and waiting for Approval. Company B's payroll cycle is monthly and first paystub will be available on Jan 10th. In the meantime, Company C wants to use this receipt # (without paystub from Company B) and apply for transfer from Company B to Company C.

1. Can you please advise if I should let Company C use this approach?
2. Is it a normal practice to file H1 transfer based on another company's petition's receipt number alone?
3. What would happen to Company B's H1 processing due to this application from Company C?
4. Would I be still Legal Status if Company C's application (from B to C on receipt # ) goes into RFE / Rejection?
Regards,
Bhaskar

**txh1b** · 12-23-2009, 09:48 AM

Search and read about bridging on the forum.

**bhaskomy** · 12-23-2009, 01:33 PM

H1 Transfer - "Bridging"

Hi!
Based on the previous response, I had tried to search the posts for "bridging". I have seen many responses where the responders asked to search old posts, but no where is it clearly defined / explained. I searched posts till March 09.

Can you please elaborate as to what do you suggest for the explained situation? I am afraid that even if I were to find a post that has details on Bridging, I might not be able to interpret correctly.

Please help.

**shervin143** · 12-23-2009, 10:18 PM

Check the below link (Last few questions have information about bridging)
https://www.immihelp.com/h1-visa-transfer-faq/

**txh1b** · 12-25-2009, 07:36 PM

The oldest posts have the answers in most cases.

H1 transfer with previous H1 transfer in process - Immigration forums for visa, green card, visitors insurance, OCI and more

http://immihelp.com/forum/showthread.php?t=46198&highlight=bridging

**bhaskomy** · 01-13-2010, 03:26 AM

H1-B Approved with I-797B Consular Processing

Originally posted by bhaskomy View Post

Hi!
In the original case mentioned below, Company C delayed filing of H1 transfer from Company A to Company C. Now the attorney feels it is risky to apply for H1 transfer from A to C since Company A might have revoked the H1. So, they want to apply for transfer from Company B to Company C based on the receipt number of Company B's H1 transfer application.

H1 transfer from Company A to Company B is still in process and I only have receipt number and waiting for Approval. Company B's payroll cycle is monthly and first paystub will be available on Jan 10th. In the meantime, Company C wants to use this receipt # (without paystub from Company B) and apply for transfer from Company B to Company C.

Company C filed H1 transfer based on Company B's receipt # and the H1 is approved with Consular Processing - I-797B and Comapny B's H1 petition is in RFE. Attorneys responded to the RFE just today - 01/12.

Given this situation, what does I-797B mean to me?
1. Should I go out of country and get the VISA re-stamped OR
2. Only get the I-94 reissued (by re-entering the country)?
3. Can I start working for Company C based on the approved I-797B?
4. If Company B's H1 is rejected, will Company C's H1 be automatically voided even though it is already approved?

Regards,
Bhaskar

Request the gurus to break the response by point # when replying.

**shervin143** · 01-13-2010, 04:00 AM

Company C filed H1 transfer based on Company B's receipt # and the H1 is approved with Consular Processing - I-797B and Comapny B's H1 petition is in RFE. Attorneys responded to the RFE just today - 01/12.

Given this situation, what does I-797B mean to me?

1. Should I go out of country and get the VISA re-stamped OR
>>> Yes. That is what consular processing means.

2. Only get the I-94 reissued (by re-entering the country)?
>>> No. See ans. 1.

3. Can I start working for Company C based on the approved I-797B?
>>> No.

4. If Company B's H1 is rejected, will Company C's H1 be automatically voided even though it is already approved?
>>> No.

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