H1 transfer

[greatdesi_2]

Hi There,
During June 2010 I did H1B transfer from A->B in normal processing and I started working for employer B.But I was laid off by the client.I got another project & I am still working for employer B.In USCIS site the status for my application is INITIAL REVIEW (6 months completed).I am more concerned about this delay.Please clarify the following:

#1. Will my application will be rejected since I was laid off in the first project?
#2. My employer recommends to apply for another petition with second project which I am working currently.He named this process as AMENDING the petition.I have no idea about amendment.Is it advisable?
#3. USCIS revoked the petition approved for employer A.Is it safe to go back to employer A with new application?

Thanks in advance!

[shervin143]

#1. Will my application will be rejected since I was laid off in the first project?
>>> Possible if USCIS does a worksite visit. If you are currently working on a different location for a different client, then better file an amendment to the initial petition.

#2. My employer recommends to apply for another petition with second project which I am working currently.He named this process as AMENDING the petition.I have no idea about amendment.Is it advisable?
>>> Yes.

#3. USCIS revoked the petition approved for employer A.Is it safe to go back to employer A with new application?
>>> If employer A is willing to take you back, then YES. Search and read about "bridging".

[greatdesi_2]

Thanks Shervin for quick turnaround.

One more question:
Which case is advisable? Amending the petition used by employer A which is revoked ? or amending the petition with employer B which is in process?

[shervin143]

It is not possible to file an amendment on a revoked petition. When the petition is already revoked, there is nothing to amend.

Thanks Shervin for quick turnaround.

One more question:
Which case is advisable? Amending the petition used by employer A which is revoked ? or amending the petition with employer B which is in process?

[greatdesi_2]

Shervin,
Need clarification on item #2 on this posting.Current petition (with old project) is in processing state.If I apply for another petition with current project, will this situtation considered as BRIDGE.
If yes, if first petition is rejected, whether second petition will be rejected?

Thanks!

[txh1b]

Did you search and read about bridging as suggested on the forum? If so, that should have answered your question. People on the forum try to help but you need to do your part too.

[shervin143]

There is a difference between filing a new petition and an H1B amendment. If you want to make any corrections to a pending or approved petition (Example: Work location change, DOB correction etc), then you go for amendment.

If you file a new petition now based on the pending petition from company B, then that would be considered as bridging. In such case, your new petition should get approved before the pending petition with comany B gets denied (just in case) otherwise the bridge would break. So if you are applying for a new petition based on the pending petition with Company B, then it is advisable to go for premium processing.

Search for posts related to "Bridging" and read them.

[txh1b]

If you file a new petition now based on the pending petition from company B, then that would be considered as bridging. In such case, your new petition should get approved before the pending petition with comany B gets denied (just in case) otherwise the bridge would break. So if you are applying for a new petition based on the pending petition with Company B, then it is advisable to go for premium processing.

Search for posts related to "Bridging" and read them.

Even if the bridge gets denied after the fact of approval from the petition past the bridge, the transfer is considered illegal. That is the issue.

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