2017.12.10 update:
The company lawyer informed: This H1b bridging is no longer valid. But the good news is: even if your H1b expires, if you have not used it for 6 years, the new company can directly apply for H1 for you without waiting for the lottery. But you need to make sure that you are staying in the United States legally, otherwise you will not be able to apply for a visa. In addition, when H1 is issued, you need to go abroad and change your visa.
If your I140 is issued, there is no such thing as 6 years, it can be extended indefinitely.
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Since I recently changed jobs and am in a special status period, I have gone through a very complicated transition. Fortunately, the new company's legal team is very experienced in handling this, but I am also worried about myself.
First, let me introduce the situation:
- This year happens to be the end of my first H1b three-year period (ends on October 31)
- Company A filed a new H1b extension in May, but received a REF
- I accepted a job with Company B in September, but I didn’t start applying for my status until November.
There is a gap here. My H1b has expired on 10.31, and the extension has been REF, so I actually have no status until it is passed. And what should the new company do with my identity? If I am doing extension, my H1b has expired and I cannot start. If you do transfer, you need to wait for the previous extension of Company A to pass.
The logic of handling this matter is as follows:
- First of all, according to CFR 274A.12(b)(20), during your extension application period, if it has not been approved and your previous one has expired, you have 270 days to work for your current employer. In my case, it is Company A. This is also what I said before. How to renew driver’s license during H1B extension "The basis for applying for driver's license extension"
- According to H1b Bridging memo (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf), if the new employer files a new extension during your extension period, you can continue to use the previous one and start working with the new employer immediately. The specific terms are as follows:
D. H-1B Portability Provisions
1. Portability and “Bridging”
AC21 allows a foreign national who was previously in H-1B status to begin new employment (or to “port”) upon the filing of an H-1B petition by a prospective employer. (As opposed to having to wait for petition approval before starting the new job). The memo states that a foreign national can port to new employment while an extension of H-1B status filed by another employer is pending on the foreign national’s behalf.
For example, a foreign national is working for Employer A for 3 years. Prior to expiration of the foreign national’s H-1B status, Employer A files a petition to extend his stay. While the extension continues to pend, Employer B files a petition for new H-1B employment on the foreign national’s behalf. Under the memo, the foreign national may go to work for Employer B immediately upon the filing of the new petition by Employer B, regardless of the fact that the foreign national was technically out of status when Employer B filed the new petition.
In addition, successive H-1B portability petitions can be filed on a foreign national’s behalf so long as each portability petition separately meets the requirements for H-1B classification and extension of stay. However, if one of the bridging petitions is denied, it will most likely result in the foreign national’s going out of status and beginning to accrue unlawful presence.
After checking H1b Bridging, I found that there are actually many more complicated situations than mine. Some even involve three companies, some involve going abroad, etc. If you are interested, you can check it out yourself.
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Original author:Jake Tao,source:"The role of H1b bridging in H1b transfer or expired"
Comment list (39)
I encountered the same situation as the blogger :)
The I94 has expired. I filed extension PP before it expired, but it was RFEed.
The new company is preparing for file transfer, but the lawyer said that there is a high probability that it will depend on extension, so it will be RFE.
I read the original poster's post and checked the memo, which means that such a case will not be dependent on the previous extension. Not sure if my understanding is correct? If so, do I need special processing when applying, or can a normal file transfer be sufficient?
I would like to ask the original poster about the final case approved with/without i94?
grateful!
@EthanC ：If you are in the first three years, just skip the extension (cancel it), and then the new company can apply for a new H1B in the second three years.
If you are in your Nth third year and have I140, it is still the same situation.
But if not, no.
@Jake Tao：By canceling, does it mean asking the current employee to withdraw?
In this case, can I still work with my current employer?
@EthanC ：That's fine until it expires.
@Jake Tao：Thanks! My H1 has expired and the extension is in RFE. In this case, should the law firm apply for transfer directly or apply for a new H1B? Will the new H1 have I94?
@EthanC ：It’s best to apply for a new one, but ask a lawyer when it’s best to drop the old one. Because if you drop it, you won't be able to work, but if you don't drop it, you will be able to check the file.
@EthanC ：In fact, if I were to ask, I would just quit the old one, go on vacation, wait for the new one, and then come back to work. (This is what I did recently)
@Jake Tao：Haha Got it! In fact, it’s not impossible. I’m afraid that my old company won’t withdraw extension and will wait for my case to expire?
If I continue to stay at my old company, is there a high chance that my file transfer will be approved by my new company? According to the memo, the two cases should be independent. I just want to confirm that the extension will not affect the transfer. Actually.
@EthanC ：The new company cannot file transfer because yours has expired. You need to wait for the old H1 extension to be successful before the new company can file.
I myself have been in a similar situation recently and found this post while searching. If the poster still reads this post, I hope you can chat with me privately and give me some help. My situation is that my visa has expired, and my old company is helping me with PP. Since it is an Indian outsourcing company, I think it is very likely to be REF. Can I find a new company without knowing the outcome?
@William ：If the old one expires, you can find a new company. Because you already have H1, the new company can directly apply for a new H1 for you without drawing lots (within 6 years or with I140)
@Jake Tao：I need to add a little more detail. My H1B6 year has expired and 140 has been passed for more than a year. Now my I94 has expired. The company helped me apply for an extension but it has not been approved yet. I am still staying in the United States. If I want to change jobs at this time, how should the new company help me apply for a visa? Do I need to leave the United States for my visa interview? Very grateful for the answer
@William ：You need to leave the United States and then apply for a job. The new company reuses your 140 to apply for H1
Please ask the blogger. I am in a similar situation now that my i94 has expired and I have been working for 240 days. I have found a new company. I have submitted my h1 under transfer bridging. When did it happen that you mentioned at the beginning that bridging has expired? Where is the source? I'll take it and ask the lawyer there. Thank you.
@Lecameleon ："There are issues with what is known as bridging when there are multiple filings. If one is relying on the filing from Employer B as a bridge in status to carry him/her over to Employer C, the Employer B petition has to be approved in order for the Employer C petition to be approved as an extension of status. Therefore, it is best to get legal advice to determine how to best coordinate these matters."
I can’t remember the specific reason. I did a little search and I hope it helps you. It’s best to consult a professional lawyer: https://www.murthy.com/2017/04/20/h1bs-cannot-be-transferred-misconceptions-around-h1b-employment-change/
@Jake Tao：Thank you very much. I will ask the company lawyer carefully.
I would like to ask the blogger, I am planning to change my job and do transfer, and I will start working as soon as I get the USCIS recept. The question is if the transfer is rejected later, will the period of working at the new company be considered out of status?
Thanks!
@Patrick ：Doesn’t count. If you ask, it will be nice if you can provide proof. Here is the official statement I found:
When filing for H1B visa transfer, you have no obligation to inform your current employer about the transfer petition. When your H1B visa transfer with your new employer is denied, you may still maintain your H1B status with the current company as long your current company is ready to continue your employment
My situation is similar. My employer filed H1b transfer pp for me on 9/4. I received the RFE on the day my i94 expired on 9/14. The specific reason is not yet known. It turns out that the company does not have fileextension.
My problem now is
1. In this case, do I need to leave the country, wait for approval, and then re-sign H1b? Or should we just wait in the United States? Is the deadline 60 days? Will this have any impact on applying for a green card in the future?
2. Can I work in a new company during this period?
What I found is that as long as the file transfer is done before the expiration of the i94, it is equivalent to the status of H1b transfer pending. You can wait for approval in the country. There is no 60-day grace period. If you leave your job first and then file transfer, it will only matter which of the 60-day grace period and the i94 expiration date comes first. My employer's lawyer can't be contacted, so I have to rely on myself. I don’t know if I understand correctly?
@雪里：Hello, I remember that if you are transferring, you can start working as soon as you get the USCIS recept, without waiting, and your identity is legal, even if you have an RFE. Now I am a little unsure whether the expiration of the transfer period is legal. In my case, I dropped the transfer and then asked the new company to directly apply for a new H1. In this case, I need to leave the country and come back (you can leave the country at any time during the legal period. Trump has changed the terms a lot recently. It used to be that you leave the country within 60 days of expiration. You need to check this specifically). As long as it is legal, it will have no impact on the green card. If you are waiting for transfer, you should be able to start working immediately.
You need to consult a lawyer specifically about how to deal with the expiration of H1 during the transfer period.
Please ask the original poster. I am facing a similar problem now. The H1 of my old company expired in July, but the file extension was still pending. Now the pp has been stopped and I can only wait. . . I have received an offer from a new company and am in the process of applying for status. Can the new company only re-apply for H1 and go to file? So can I work as soon as I get the receipt of the new filing, or do I have to wait for the new filing approval to leave the country and come back before I can work?
Thank you
@Charles ：First of all, are you in the first three years? If so, just drop the old extension and let the new company file H1B (reapply, but no lottery is required), but! Remember to handle the GAP between your expired and new H1B to prevent them from causing trouble. If you do this, you must get approved and then leave the country and enter again (you can go to Canada)
@Jake Tao：So do I have to wait for the new h1b to be approved before I can go to work in the new company? If so, considering that PP has been stopped now, it will take half a year to get a new h1b file, right?
In this case, in terms of time, it would be faster to wait for the old extension to be approved before applying for the transfer, because you can go to work after getting the transfer receipt.
@Vicky ：If it has not expired, it is recommended to wait for the extension before transferring. It is extremely slow now.
I would like to ask the blogger. My current situation is that my H1 has expired and my old company has already file extension with PP. Does the new company have to wait for extension approval before file transfer can be transferred to me? Thanks
@Cheryl ：Yes, it must be approved. Or the new company will re-apply for H1 for you, but in this case you need to leave the country once.
@Jake Tao：Thank you, host! If the new company reapplies, do I have to leave the old company first, leave the country, wait for the H1 approval of the new company to get the i797, and then come back with a visa?
@Cheryl ：No need. After the new company is set up and the materials are obtained, it’s not too late to leave the country. It’s just that the new one needs to go out and go through immigration to take effect.
@Jake Tao：oh oh! So either the old one is approved and then transferred, or the new company applies for extension+transfer together. After approval, I leave the country and come back, and then start working for the new company. . Thank you, host!
@Cheryl ：After the old one is approved, you don’t need to leave the country, just let the new company transfer. If it is a new company, it will not be an extension+transfer, but a new H1B will be applied for you. After approval, you will leave the country and come back.
@Jake Tao：Understood! Thank you very much to the host! ! !
Well, I should cancel it. Thank you!
Hahahahahaha I just saw your reply via email. I wanted to tell you that what you said makes sense, because I never thought that I could apply again after H1B expires or extension is denied. When I returned to your blog, I realized that the last sentence in your reply was an Easter egg.
@TestV ：Lol, if you are applying new, please remember to cancel the previous one.
I would like to ask the blogger, how do you apply for a new H1b for your new company after your first H1B expires? Is it a normal transfer or a new extension+transfer?
My current problem is similar to yours before. My H1b extension received a REF. I heard that there is a high possibility of rejection after receiving the REF recently, so I decided to start looking for a new job at the same time. I'm afraid that when I find a job, my H1B may have expired, and the old company's extension is still pending or denied. Will these two things affect the new company's H1B?
Thank you!
@TestV ：It doesn't matter. After your H1 expires, the new company can file H1 for you at any time (within 6 years), and there is no need to draw lots. So just find a company to help you. If you find a new company before your H1 expires, you will have to wait until your H1 expires or your extension is approved before you can transfer.
Bunny try before you buy
I would like to ask the blogger, I will go back to China to renew my work visa this year. Although I can choose CITIC to submit the visa, for the sake of speed, can I still have an interview?
@Bella ：Please read this article: https://blog.jing.do/1147.
Renewal of the visa cannot be done in person, but requires face-to-face interviews.
@Jake Tao：Thank you