I was employed by employer A and got laid off and revoked my H1B (Which was valid till Mar 2024). Then I found a new job with employer B (Before 60 days of grace period) and my H1b transfer is under process (Regular process) .I joined on receipt basis. Now after 1 month I got a better offer from employer C.
1.Can I transfer my h1 to employer C (with premium process) while it is not yet approved with employer B?
2. Will it be a Bridging condition and the decision will be dependent on H1 approval with employer B?
3. Also I have an option to go on H4 status if in cases needed any time.
Please advise.
I would suggest upgrading your current H1B to premium processing, even if you have to pay for it, and get the approval before transferring to the new employer.
Go through the below article carefully and it will answer all your questions.
Thank you for your reply! And the article.
I have question here
so as my Employer A revoked my H1 ( validity: till Mar 2024) does that mean i-94 is invalid or expired now?
Or still 60 days grace period will be considered and if I file my h1 petition with employer C within 60 days period will it be still consider as bridge with Employer B petition?
Also my I have my H1 with previous employer ( employer before A) valid till Sept 2023 and not yet revoked.
Thank you in advance!
Correct, your H1B petition and I-94 is no more valid.
As mentioned earlier, as your H1B is already revoked ( assuming it was revoked after you filed transfer with employer B), there is a risk doing another transfer with employer C. Say you initiated the transfer and joined C on receipt, and employer B withdraw the H1B transfer while it is still being processed, there are high chances that USCIS may approve H1B with employer C with consular processing, meaning you will need to go for stamping.
So my suggestion is if you decide to transfer to employer C while the employer B H1B transfer is still pending, do not join employer C on receipt. Instead ask them to do premium processing and join them only after it is approved with I-94.
Thank you very much Kalpesh for quick reply.
Unfortunately I got laid off from employer A and very next day they they revoked my H1B.
So employer B started my transfer process after my H1 was revoked.