Hello Anil Gupta @anil_gupta
I urgently need advice regarding my case on what should be my best course of action.
Company A filed for my H1B transfer and it was approved till 03-21-2022. My I94 is also till 03-21-2022. My I-140 is approved for more than 180 days.
I was terminated from employment by Company A on 5-Jul-2019. Company B filed for my H1B transfer (on basis of Company A approved petition) within 60 days grace period under normal processing and I started working on receipt for end client. The model is EVC and Company B did not provide client letter or MSA of client with primary vendor in the petition.
Now Company C has filed my H1B transfer (on basis of Company A approved petition) on the 60th day in premium processing and email with receipt number received. Company C is reputed company and the model is EC and all documents including client letter, MSA, SOW has been provided.
Now my questions are:
Can I switch to Company C from Company B as the receipt no for C’s petition is now available? Will there be any legal issues? Will this be considered as bridge petition?
Should I wait for the decision for Company C, as it’s filed in premium?
As my payroll has resumed within the grace period through company B, would that be fine to show these as maintaining H1 status within and after grace period?
You can either join company C or keep working with company B until you get Company C’s approval.
I suggest to wait for company C’s approval before jumping the ship to be absolutely safe.
Your paystubs from any company can be used as a proof of maintenance of H1B status.
Thank you very much for your response. Really appreciate your advice. I’m also planning to wait for company C’s approval.
Just to reconfirm, I understand from your reply that there would not be any bridging concept in my case, if I join C while B’s petition is in pending (and I’ve started working for B). Can you kindly confirm.
Bridge concept comes into picture if your i94 has expired.
Thank you very much @Anil_Gupta
I’ve one more question/ suggestion from you.
Company A is primarily staffing co and I’m their first h1 case. They are not h1b dependent. But as I mentioned earlier they filed without client letter or MSA with client. They don’t have reputed attorney also. So I’m assuming it’s surely going to get rfe.
On other hand Company C is Indian IT company and h1b dependent but filed with necessary documents. They use fragomen as their attorney.
Now if Company C’s petition gets rfe, what should be my best course of action? Switch to Company C?
They are already pressurizing me to join on receipt.
Your advice will be highly appreciated. Thanks in advance.
As I suggested before, it is better to join Company C only after the approval. If they get RFE, wait for it to be resolved.
Thanks again. The petition for Company C was received by premium processing center on Sep 3 (60th day) which they mentioned in their email notification. But actual receipt date is mentioned as Sep 4 (61st day) in uscis website. Is this likely to cause issues?
Company Cs filing don’t have Company B’s receipt or paystubs.
What has USCIS asked in the RFE?
No rfe so far. Company C’s petition is filed in premium and receipt date is Sep-4, so I’m waiting for a decision. This receipt date is 61st day, but premium processing center has received petition on 3-Sep, 60th day.
Company C’s petition doesn’t have Company Bs receipt where I’m working now.
So, my question is USCIS likely to consider 61st day receipt for Company C as out of status period?
Company Bs petition is still pending, normal processing.
Haven’t your company C Employer submitted payslips to prove your H1B status?
If not, then you have asked for trouble yourself. The chances are high that USCIS will send RFE to prove that you maintained status or not.
You should have given company B’s payslips as a proof of H1B status.
Hi, got rfe on Company C on Speciality Occupation as IT project manager. I’ve not joined C yet but they will revoke offer if I don’t join soon.
What are the risks of denial in this Speciality Occupation rfe?
My role in current company A is Sr. Test Automation Lead. What are the risks of denial for Speciality Occupation rfe in this role?
The Immigration department of Company C said that since I joined Company B, they needed to file transfer from B to C and not A to C as in my condition. Is there any issues in filing transfer from A to C, if this was done on 60th day of grace period and my I94 is valid.
Can I join C if Cs petition gets approved?
As I said, you complicated things yourself.
Most recent paystubs are required to prove continuation of status and that’s why company C is asking to file from B to C. It makes it easier to get approval if you show continuous status.
A to C transfer can also be filed but there are high chances that questions will be asked by USCIS.
Specialty Occupation RFE is very serious and has high chance of denial if a good response is not sent
I was laid off by my employer and my 60 days started from July 31st - Sep 28th
I managed to get two offers and initiated visa transfers from both.
I got one visa ( company A) approved on 23rd sep and other ( company B ) is still in process.
My question to you is do I need to immediately start working once the visa is approved and within 60 days? Or it’s safe to join it in one week ? I want to wait for company B’s decision.
Currently, I’m on H-1b visa and have been laid off from my previous employer on August 1, 2020. I have found another job and started a new job on Sep 14, 2020 within 60 days grace period. My employer received a notice from USCIS dated 09/09/2020 that USCIS has received the petition and the H-1b visa transfer decision is still pending. While working for my current employer (let’s say “A”), I have received another offer from another company (let’s say “B”), since my H-1b visa petition from Employer “A” is still pending and is it possible for me to start with employer “B” while my H-1b visa from employer A is still pending. Consider that job offer from employer “B” is received (on October 6, 2020) after the H-1b visa 60 days grace period. While I am working with employer A.
Please advise and let me know if I could switch my job before the H-1b transfer is approved.