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I have recently changed my employer from A to and started…

I have recently changed...

I have recently changed my employer from A to B and started working for B on H1-B receipt as H1-B premium processing has been currently suspended. Employer B has received an RFE for specialty occupation and they are in the process of responding to it. Even though they are confident about the outcome, I did not wanted to take any chances and contacted my employer A who is willing to give my job back and initiated H1 transfer as their previous petition has been revoked.My questions are,
1. Does my scenario comes under bridge petition?. My current I-94 and passport visa stamp are valid until April 2018. I read somewhere that DHS does not considers H1-B portability petitions to be under bridge as long as they are filed before I-94 expires.2. If my employer B's petition gets denied, does that impact my new employer's petition?.(I'll be joining new employer only after B responds to RFE).3. What happens if B withdraws their petition after leave them?.4. What are the risks that I am seeing here?.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

Yes. There is an pending H1-B petition with my crrent employer

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wanted to get connected with an immigration specialist.

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Answered in 5 minutes by:
8/16/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,923
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 10 months ago
Thank you.

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

1) Had they not revoked their petition, you would be able to go back to A without any issues, but since they did, I would not go back to A until the transfer with B is approved. If B is not approved, then you are in a difficult situation. You can try to use the new regulations that allow for a 60 day grace period to get back into status, or you could leave the U.S. and apply for a new H-1B visa through A's petition if it is approved.

2) As I said, I think it is very risky to leave B to go to A when B's petition is up in the air and so will A's petition be as well.

3) The risk of denial of A's petition would be hire.

4) You really should stick with B until approval then if you want to go back to A, you can.

Every time you make a change to your status, you give USCIS another chance to find something wrong and deny. The less changes you make, the better it is.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 10 months ago
Thank you Guillermo. I was wondering if you could elaborate more on the risks of how B's petition would affect A's petition. I was reading H1-B portability rules and it says as long as i-94 is valid, both the petitions would be considered as independent.https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/html/2016-27540.htmPlease search for "H. Job Portability for H-1B Nonimmigrant Workers" and "DHS notes that an H-1B beneficiary who has a valid and unexpired"

I understand that, but your I-94 is no longer valid because A withdrew your previous H-1B. That's why you are at risk. You are not at risk that B's petition be denied because A withdrew. That's what the section you are talking about is stating. But I think you are at risk of A's new petition being denied because you currently do not have a valid I-94, you have a pending transfer petition and you will file another pending transfer petition, but A's transfer petition would fail if B's transfer petition is denied because then you have no status to transfer from B back to A. I hope you understand where I am coming from. It is risky.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 10 months ago
Interesting. I did not know that revoked petition would invalidate I-94 too. So, if B's petition is denied then does my stay from the day A's petition is revoked till the day B's petition denied considered illegal?. In this case how can I use 60 day grace period as per your suggestion in the earlier comment?.

While the I-129 from B is pending, you are considered to be in a stay authorized by the Attorney General. As far as the 60 day grace period, remember that it is discretionary, not guaranteed. The idea would be to file a new I-129 within 60 days of termination of employment.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,923
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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