H1-B Transfer Possible ?????

I

Indian11

New Member
A) My Company A has applied for fresh H1-B and its in Normal Processing at VSC. The approval notice has not yet come, its pending.

B) Another company has offered me a job, and said that it will do H1-B transfer.

My question is can I still get transfer to company B without the Notice of Approval for company A ?? I have the receipt number.

I was on F1-converted to H4- now converting to H1-B.
 
Possible

Possisble, I guess. I think you are asking about the "H1-B Bridge" here. Answer to your question is in Yates' AC21 Memo released on 05/21/2005. Read the following excerpt from the Memo:

Question 2. Can there be successive H-1B portability petitions filed for an alien while the previous H-1B petitions remain pending (i.e. creating a “bridge” of H-1B petitions)?

Answer: Yes. However, to be approved every H-1B portability petition must separately meet the requirements for H-1B classification and for an extension of stay.

Question 3. If successive H-1B portability petitions can be filed, what happens if an alien’s nonimmigrant status expires while the H-1B portability petitions are pending and a petition in the “bridge” is denied?

Answer: As stated above, to be approved every H-1B portability petition must separately meet the requirements for H-1B classification and for an extension of stay. In the event the alien’s nonimmigrant status has expired while the petitions are pending, the denial of any filing in the string of extension of stay and/or change of status filings undercuts the “bridge” that “carried” any petition filed after the expiration of any approved status which will result in the denial of the successive requests to extend or change status.

Rasi
 
Indian11 said:
A) My Company A has applied for fresh H1-B and its in Normal Processing at VSC. The approval notice has not yet come, its pending.

B) Another company has offered me a job, and said that it will do H1-B transfer.

My question is can I still get transfer to company B without the Notice of Approval for company A ?? I have the receipt number.

I was on F1-converted to H4- now converting to H1-B.
Click to expand...

I beleive, Not possible for your case.

H1B portability is for those who holds already an H1 approval with them. Yates AC memo explains H1B portablity with in H1b category. Bridge also within H1B parameters (i.e.) Having alredy one approved H1B . Bridge is between H1B to H1B not from F/H4/B to H1B.
May be H1B to F or H4 possible.

Your case you are F1 to H4 still H4. and continue to be H4 untill your first new H1 is get approved.

You are not yet H1 candidate and not holding any H1B approval to have H1B portability provision.

H1B transfer is only possible with reference to a approved H1.
 
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Thanks

Thanks !!!!!

Have decided to wait for the H1-B approval from first company...and then immediately apply for transfer to company B.....I'm told that it is possible to get a successful transfer if the Lawyer makes a good application stating reasons properly and also explaining the reason for quick transfer.

Has this been done before ? Any ideas...
 
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