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Immigration Issues/H1 Bridge transfer case

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Question
Hi,
Completed 6 yrs of H1B on 21st March 2011. I-140 approved.
Had filed for extension with current employer in premium in feb, got a RFE asking client letter, which the client is not ready to provide.

Instead, client is ready to hire me and have started h1 transfer process in premium.

Questions:
1. With expired I-94, can client file for h1b transfer ?

2. RFE reply date is 13th april, can i join client if h1 transfer approval is received before 13th april.
In this case, do i need to reply to the RFE for current employer?

3. If i reply to current RFE, and get a denial , will my client h1b transfer approval hold good?

Is this a classic bridge case?

Please reply.
Thanks.

Answer
Hi,

Client company can file H1B petition requesting extension of H1B status, and you can be on the payroll of the client if it files prior to RFE response date for current employer. The USCIS does not use the term transfer: www.h1b1.com/concurrent.htm

If your current employer's H1B petition is denied, the client's H1B petition is still approvable, but you will not be granted extension of status, and you will have to be issued H1B visa stamp in the name  of the client company and then enter the U.S. for H1B status to be reactivated, as the H1B bridge would have been broken.

I strongly recommend responding to the RFE. If the current employer will not respond to the RFE, the client company should not employ you after deadline of RFE has passed, and you should prepare  to depart the U.S. The client company can file H1B petition for you irrespective of your presence in the U.S.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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